TBA Law Blog


Posted by: Stacey Shrader Joslin on Dec 19, 2022

Lawmakers are making a last-ditch effort to pass legislation by the end of the year to reduce the sentencing disparities between crack and powder cocaine offenses. The Hill reports that Senate Democrats are expressing optimism about the chances of passing something as part of a larger funding package. Currently, an individual can be sentenced to at least five years for possession of 500 grams of powder cocaine and 10 years for possession of five kilograms, while individuals can be sentenced to five years for possession of 28 grams of crack cocaine and 10 years for 280 grams. This 18-to-1 ratio has been law since Congress passed the Fair Sentencing Act, which reduced the disparity from 100-to-1. Lawmakers are now seeking to reduce the gap to 2.5-to-1. In related news, on Friday, U.S. Attorney General Merrick Garland instructed federal prosecutors to end disparities in sentencing when charging offenses, Reuters reports.