information for practice

Twenty years ago, University of Maryland basketball star Len Bias died of a drug overdose just hours after the Boston Celtics picked him in the NBA draft. His death sparked a national media frenzy largely focused on the drug that was suspected, mistakenly, of killing him – crack cocaine. Afew weeks after Bias’ death, Congress passed the Anti-Drug Abuse Act of 1986, establishing for the first time mandatory minimum sentences triggered by specific quantities of cocaine. Congress also established much tougher sentences for crack cocaine offenses than for powder cocaine cases. For example, distribution of just 5 grams of crack carries a minimum 5-year federal prison sentence, while for powder cocaine, distribution of 500 grams – 100 times the amount of crack cocaine – carries the same sentence. October 2006 marks the twentieth anniversary of this law. In the twenty years since its passage, many of the myths surrounding crack cocaine have been dispelled, as it has become clear that
there is no scientific or penological justification for the 100:1 ratio. The United States Sentencing Commission, created by Congress in 1984 to develop fair federal sentencing guidelines, concluded that crack is not appreciably different from powder cocaine in either its chemical composition or the physical reactions of its users. Accordingly, on three separate occasions, the
U.S. Sentencing Commission has urged Congress to reconsider the statutory penalties for crack cocaine. Judges, commentators, federal prosecutors, medical professionals, and other experts have all concurred with this assessment.