Crack Sentencing Disparity Reduction Gains Ground
Law: Offenders must possess 100 times as much powder cocaine as rock
to draw the same sentence now. Reno, drug czar call for closing the gap.

WASHINGTONAtty. Gen. Janet Reno and federal drug
czar Barry McCaffrey have recommended sharply reducing
the gap between mandatory federal prison sentences for possession
of crack cocaine, heavily used by black offenders, and powder
cocaine, popular among whites, administration officials said
Monday.
President Clinton has not yet accepted the recommendation,
which would remove a sentencing disparity that has long angered
African American leaders and symbolized, in their view, the
discriminatory nature of the nation's criminal justice system.
But Justice Department officials were already conducting what
one source described as "strategy" sessions on how to announce the
decision without appearing "soft on drugs."
Under the recommendation by Reno, the nation's chief law
enforcement officer, and McCaffrey, the director of the White
House's Office of National Drug Control Policy, the disparity
between the amount of crack and powder cocaine possession that
triggers the same required sentence would be cut from 100 to 1 to
10 to 1.
Under federal law in effect since 1986, anyone convicted of
possessing 5 grams of crack receives a mandatory minimum of five
years' imprisonment, while a person must possess 500 grams of
powder cocaine to draw the same punishment.
Under the RenoMcCaffrey recommendation, the fiveyear
mandatory prison sentence would apply to those possessing 25
grams of crack or 250 grams of powder cocaine.
"Those who sell crack ought to be punished more," Reno told
black police executives meeting in Miami on Monday. "I want the
[sentencing policy] to be one that is fair, and one that the community
thinks is fair. I want it to be one that also imposes a fair, stiff penalty
that fits the crime."
Reno did not discuss the specific sentencing recommendations at
the meeting and had no further comment to reporters.
When the mandatorysentencing provisions became law, the
rationale for the disparity was based on crack's greater potency and
the belief that it played a larger role in causing violent street crime.
Since taking effect, the stiffer sentences for crack have been
cited as a major reason for the sharp increase in the imprisonment
rates for young blacks and Latinos.
The RenoMcCaffrey recommendation, if approved by Clinton,
would require congressional legislation. Sen. Orrin G. Hatch
(RUtah), chairman of the Senate Judiciary Committee, has
indicated he favors reducing the present 100to1 disparity.
"This approach will enable law enforcement to devote its
resources to big and midlevel drug dealers and, at the same time,
make the sentencing structure fairer," an administration official
familiar with the thinking of Reno and McCaffrey said.
Last year, the U.S. Sentencing Commissionset up by
Congresscalled for eliminating the possession disparity in
mandatory sentencing. But Reno rejected that recommendation,
noting the heavy impact crack has had on the predominantly
minority innercity populations.
About 96% of those prosecuted for crack possession are black
or Latino, according to federal statistics.
Last April 29, the commission softened its recommendations,
calling for the fiveyear sentences to apply to those convicted of
possessing between 125 and 375 grams of powder cocaine or
between 25 and 75 grams of crack. The RenoMcCaffrey proposal
would fall between the commission's recommended ranges.
Reacting to the commission's recommendations, Clinton directed
Reno and McCaffrey to study the matter and give him their
assessment in 60 days.

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