End Substance Use Disorder Applauds White House for Calling for End to Crack-Cocaine Sentencing Disparities

Today, the White House publicly called for racial equity in the application of sentences for crack and powder cocaine. Even though the two substances are chemically identical, federal law imposes far harsher sentences on crack cocaine, which is more prevalent in communities of color.

“The crack-cocaine sentencing disparities have disproportionately and unjustly impacted communities of color and they must be eliminated,” said Erin Schanning, president of End Substance Use Disorder. “The current federal sentencing disparities lack evidence and have torn apart families through mass incarceration. Eliminating the sentencing disparities will challenge racial injustice and expand opportunities for treatment for substance use disorder in place of the failed approach of punishment.”

In 1986, Congress passed the Anti-Drug Abuse Act, which required that sentences for crack cocaine be 100 times longer than sentences for powder cocaine. Crack cocaine was more prevalent in communities of color and among those experiencing poverty whereas powder cocaine was more prevalent in white, wealthy communities. Over 8 in 10 individuals convicted under the crack-cocaine guidelines between 2015 and 2019 were Black. The sentencing disparities are widely recognized to have no scientific basis. In 2010, Congress passed the Fair Sentencing Act, which reduced the disparity to 18:1 (meaning crack-cocaine sentences are currently 18 times longer than powder-cocaine sentences). The First Step Act passed in 2018 made those changes retroactive, resulting in the release of thousands of individuals from incarceration.

Regina LaBelle, Acting Director of Office for National Drug Control Policy, today announced that the Biden-Harris Administration supports eliminating the disparity between the federal crack and powder cocaine sentences as part of their commitment to racial equity.