END THE DISPARITY IN COCAINE LAWS

Now that the Senate's second-ranking Democrat has introduced a bill
to end the unjustified and counterproductive 100-1 sentencing
disparity between crack cocaine and powder cocaine, there's a pretty
good chance that this 23-year mistake finally will be ended.

Majority Whip Richard Durbin introduced his bill last week. Since a
similar bill has already passed the House Judiciary Committee, and
the Obama administration's Justice Department supports the change, it
should pass.

It can't come too soon.

In 1986, in the midst of what was seen than as an epidemic of crack
cocaine use in inner cities and fueled by the tragic cocaine-overdose
death of basketball star Len Bias, Congress decided to get tough on
the drug produced by heating and crystallizing powder cocaine. At the
time, it was widely believed that crack cocaine was more addictive
than powder, that it was instantly addictive and invariably caused
violent behavior.

So the law passed that year created a five-year mandatory minimum
sentence for distribution of five grams of crack. It takes 500 grams
of powder cocaine to trigger a five-year sentence.

Since then academic research has established that the two forms of
the same drug have similar effects on the brain and nervous system.
Even if stricter prison sentences were an effective way to control,
there is no scientific basis for this disparity.

In addition, as the U.S. Sentencing Commission, an independent
advisory body, has pointed out on several occasions, this disparity
has resulted in a tragically disparate racial impact. In 2006, 82
percent of those sentenced under federal crack cocaine law were
black, and 8.8 percent were white. This has much to do with
enforcement policies, which tend to target low-level street dealers
and users, who tend to be easier to find and arrest in inner-city
neighborhoods than in suburbs. But the sentencing disparity magnifies
the effect.

Reformers concerned with the concept of equal administration of
justice have been working to eliminate the disparity. The U.S.
Sentencing Commission issued several reports urging such a reform and
in 2007 did lower sentences for crack, but authority to eliminate the
disparity altogether lies in Congress.

Perhaps it's time to wind down the entire war on certain drugs and
their users, eliminating an expensive failure that has reduced
respect for law and triggered untold violence and other associated crimes.

Such sensible steps are unlikely for the time being; however,
eliminating the sentencing disparity between crack and powder cocaine
would be a small step toward more equal administration of these dubious laws.