These two pages contain comments from prominent leaders on a U.S. Sentencing Commission proposal to remove inequities between crack cocaine and powder cocaine sentencing. Although crack and powder cocaine are chemically two forms of the same drug, federal law dictates a mandatory five-year sentence for possessing five grams of crack (about one tablespoonful), whereas one would have to possess 500 grams of powder cocaine to trigger that sentence.

In May 1995,  the commission recommended lowering crack penalties to the powder-cocaine levels. The proposal would have become law November 1 had Congress and President Clinton not blocked it. On October 30, Clinton signed S. 1254 rejecting the Sentencing Commission's proposal and calling for a new study of the situation.

That law requires that any new penalties for crack "should generally exceed" those for the same quantities of powder cocaine. (For more on this issue, see next article)

"Our drug policy has become a tale of two cities, or, more accurately, a tale of two classes — rich and poor."   

— Rep. Donald Payne (D-N.J.) October 18, 1995 Speaking in favor of Sentencing Commission changes during debate on House floor

"It is not about being soft on crime. It is not about condoning drugs. It is not about wanting drugs in our communities. It is about being able to look our children in the face and say: There is fairness in our system of justice. There is fairness in our laws."
— Rep. Melvin Watt (D-N.C.) October 18, 1995, during debate on House floor

'A Mockery of Justice'
"Crack cocaine mandatory minimums make a mockery of justice. Their application is fundamentally unfair."

"[The Sentencing Commission's] judgment — based on years of experience and responsibility to justice — is being summarily rejected in the legislation before us.... In the wake of [the Million Man March], we call on Congress to repeal any law, any regulation or any rule which so obviously violates basic tenets of fairness...."

"This Congress has no business overriding the expertise of the U.S. Sentencing Commission.... Yes, this is a fairness issue, and, yes, whether we like it or not, it is a race issue."
— Rep. Maxine Waters (D-Calif) October 18, 1995, during debate on House floor

'No Defensible Merit'
"Cocaine and crack cannot be separated. The right thing to do would be to treat both of these lethal drugs under the same mode. The problem that we have in our society today is we misidentify drugs, we confuse the scene, and we have so many powerful burdens and powerful penalties that no one really understands it...."

"To treat crack differently than cocaine has no defensible merit and no argument on this floor, none whatsoever for any professional who understands it."
— Rep. James Traficant (D-Ohio) October 18, 1995, during debate on House floor

'Impact Almost Entirely on Minority Defendants'
[W] hile there may be factors associated with crack cocaine distribution that make it more harmful, sentences under the guidelines can respond to that harm, and fundamental fairness dictates equalization of the penalties for similar quantities of crack and powder...."

"Any quantity ratio higher than equivalency will impact almost entirely on minority defendants.... Any quantity ratio higher than equivalency will lead to the unfair result that more sophisticated, higher-level powder cocaine distributors will be sentenced relatively less severely than ... the crack retailers they supply."
— U.S. Sentencing Commission February 1995 report: Cocaine and Federal Sentencing Policy

'This ... Is the First Test of Seriousness'
"Last week we saw one million black men rally in our nation's capital.... They expect us to aggressively root out and eliminate policies and practices that are patently unfair or unjust. This disparity in cocaine sentencing is the first test of seriousness. We urge you to uphold the eminently reasonable recommendations of the U.S. Sentencing Commission...."

"By equalizing penalties and adding enhancements for trafficking that involves violence or children, the Sentencing Commission recommendations eliminate the disparities and insure that the penalties fit the crime."

— Congressional Black Caucus October 24, 1995, Letter to President Clinton
 

War on the Young, Vulnerable and Black'
"In the absence of a real war on drugs and an urban policy, ... we have a war on the young, vulnerable and black.... Oddly, the rationale for the disparity is to protect blacks from crack. That is racial paternalism."

"This is a strategy to prove the president can stand up to the civil rights leaders, the Congressional Black Caucus, and the Hispanic Caucus to placate white fears...."

"What is at stake is the essence of the 1954 Supreme Court decision — equal protection under the law."
— Rev. Jesse Jackson October 31 and November 2, 1995 Press releases after President Clinton signed bill to maintain crack cocaine sentencing disparity

Keep the Injustice, or Crank Up Powder Sentences
'We Have to Send a Constant Message to Our Children'

"Since I took office, my administration has fought to stop drug abuse and to stamp out the crime and violence that are its constant companions. We are battling drug traffickers at every level of their networks — from the very top to the very bottom...."
"All of this is beginning to work. For the first time in a very longtime, crime has decreased around the country. But we cannot stop now. We have to send a constant message to our children that drugs are illegal, drugs are dangerous, drugs may cost you your life — and the penalties for dealing drugs are severe.
"I am not going to let anyone who peddles drugs get the idea that the cost of doing business is going down."
— President Bill Clinton, October 30, 1995Statement on signing S. 1254, rejecting Sentencing Commission recommendations to reduce crack penalties

'Increase the Penalties for Selling Powder'
"I was honestly shocked to learn of the huge difference that exists between federal penalties for trafficking powder cocaine and for trafficking the same amount of crack cocaine.... While these penalties are vastly different ... the damage caused by these criminal acts are the same...."
"Tough penalties are necessary to send a clear signal that the United States will not tolerate selling illegal drugs. The answer to the problem is not to lower penalties for selling crack cocaine, but to increase the penalties for selling powder cocaine."
— Sen. John Breaux (D-La.) November 6, 1995 Statement on his new bill, S. 1398, to raise powder cocaine sentences to the same levels as those for crack