The Fairness in Cocaine Sentencing Act of 2009
On July 16, Congressman Robert "Bobby" C. Scott (D-Va.), introduced H.R. 3245, the "Fairness in Cocaine Sentencing Act of 2009." H.R. 3245 would eliminate the current 100-to-1 sentencing disparity between crack and powder cocaine sentences.
The bill would remove references to “cocaine base” from the U.S. Code, effectively treating all cocaine, including crack, the same for sentencing purposes. Under current law, five grams of crack cocaine and 500 grams of powder cocaine trigger the same five-year sentence. Fifty grams of crack cocaine and five kilograms of powder cocaine trigger the same 10-year sentence. If H.R. 3245 becomes law, crack and powder cocaine mandatory minimums will be equal: 500 grams will require five years and five kilos (or 5,000 grams) will require 10 years, no matter what form of cocaine is involved.
The bill is not retroactive, meaning that it would not apply to anyone arrested before the bill becomes law. FAMM continues to fight to make the bill retroactive.
Click here to download a fact sheet on H.R. 3245 from the Crack the Disparity Coalition.
Click here for a status report on H.R. 3245. (Updated August 3, 2009).
Click here to read the text of the bill, view cosponsors and get more information on H.R. 3245.