Washington, DC--Congressman Eliot Engel (D-NY-17) voted to pass S. 1780, the Fair Sentencing Act, to reduce the sentencing disparity between crack and powder cocaine.  The measure also significantly increases the criminal penalties for serious drug offenders.  The bipartisan Senate measure passed the full House by a voice vote.

“Cocaine has been a menace to our country for decades, and has had a devastating effect on families, neighborhoods and society.  We need tough anti-cocaine policies, but we also need the law to be fair.  Under current law, possessing five grams of crack cocaine is equivalent under sentencing law as selling 500 grams of powder cocaine.  There is no longer a justification for that 100:1 sentencing disparity, and eliminating it is something called for by the U.S. Sentencing Commission and the Judicial Conference of the United States,” said Rep. Engel.

Key provisions of the bill include:

• Reduces the sentencing disparity between crack and powder cocaine from 100:1 to 18:1, with a five year mandatory minimum for 28 grams of crack, and a five year mandatory minimum for 500 grams of powder cocaine.
• Eliminates the mandatory minimum sentences for simple possession of crack cocaine.
• Substantially increases fines for convicted traffickers
• Substantially increases sentences for drug offenders who are also involved with other crimes such as; bribing law enforcement, involving minors, seniors or vulnerable victims in the crime, maintaining an establishment for drug manufacturing or distribution, importing drugs, intimidating witnesses, tampering with evidence, or obstructing justice

As Chairman of the House Foreign Affairs Subcommittee on the Western Hemisphere, Rep. Engel wrote the Western Hemisphere Drug Policy Commission Act of 2009 (H.R. 2134) that passed the House of Representatives unanimously in December. The bill would create an independent commission to evaluate U.S. policies and programs aimed at reducing illicit drug supply and demand in the Western Hemisphere.

“For far too long, we have focused on the supply side of our counternarcotics policies without adequately investing in prevention and treatment programs here at home,” said Rep. Engel. “As we adjust the law to reduce the sentencing parity between crack and powder cocaine, we also must increase our efforts to diminish our own insatiable demand for illicit drugs.”

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