Congressional Digest

Congressional Digest January 2003 No. 1 Vol. 82
Federal Penalty Structure

Crack vs. Powder Cocaine

Mandatory Minimum Drug Penalties

Federal Penalty Structure

Justice Department Analysis

Public debate over sentences for Federal cocaine offenses has focused on the 100:1 differential in the amounts of powder and crack cocaine that trigger the five- and 10-year mandatory minimum sentences. The 100:1 differential in powder and crack cocaine amounts at sentencing is commonly distorted to imply that sentences for crack cocaine are vastly greater than sentences for powder cocaine. A closer examination of the Federal penalty structure for cocaine offenses reveals that the 100:1 differential is misleading. A facial comparison of the guideline ranges for equal amounts of crack and powder cocaine reveals that crack penalties range from 6.3…

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