Senate measure would cut penalties for crack cocaine
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A long-standing dispute over huge disparities in sentencing between crack vs. powdered cocaine appears to be headed for a resolution in Congress.

Senate lawmakers reached across the aisle and brokered a landmark deal this week to reduce criminal penalties for defendants caught with crack cocaine, hashing out the terms in, a congressional gym.

Opportunity struck when Sen. Majority Whip Richard Durbin, D-Ill., encountered colleagues Jeff Sessions, R-Ala., and Orrin Hatch, R-Utah, in the Senate gym early Thursday. Durbin sent his aides an e-mail at 7:35 a.m., outlining the terms of his offer. The deal was sealed with a handshake two hours later.

The often-divided Senate Judiciary Committee unanimously passed the measure 19-0 the same day, addressing for the first time in two decades a sentencing disparity that has troubled civil rights organizations, prisoners rights advocates and officials in the Obama White House.

The compromise would reduce the sentencing disparity to 18-1 for people caught with crack cocaine versus those who carry the drug in powdered form.

The current ratio has rested since 1986 at 100-1, disproportionately hurting African Americans, who are convicted of crack possession at far greater numbers.

The Senate bill would increase the amount of crack cocaine required to trigger a five-year mandatory minimum sentence for possession with an intent to distribute from 5 grams to 28 grams. Possessing cocaine in rock form would no longer carry a mandatory minimum prison term, equalizing that penalty to that of other drugs and marking the first time that Congress has overturned a mandatory minimum.

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