Crack, which is derived from powdered cocaine, is a rocklike form of cocaine that can be smoked to achieve a high. There is no significant chemical differencecrack and powder cocaine are both forms of cocaine. Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly crack cocaine is the name given to powder cocaine that has been processed with baking soda or. Cocaine is typically snorted, and crack is typically smoked. In the 1980s, crack use created an epidemic that affected thousands of people in poor urban communities in the united states. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. The fair sentencing act helps defendants in three ways.
The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. This sentencing disparity has had a disproportionate impact on poor people and. The difference between powder cocaine and crack cocaine. The sentencing disparities between crack and cocaine attn. On august 3, 2010, president obama signed into law historic legislation that reduces the twodecadesold sentencing disparity between federal crack and powder cocaine offenses. Isnt cocaine like the mother drug of crank and crack.
What is the difference between crack and powder cocaine in the criminal justice system. Crack cocaine is simply made by taking powder cocaine and cooking it with baking soda and water until it forms a hard rocky substance. In the mid 80s, congress passed the antidrug abuse act of 1986. The adaa created a 100toone ratio between the quantity of crack versus powder cocaine needed to trigger mandatory minimum sentencing. Regardless of how many people use which drug and what the penalties are for doing so, the truth of the matter is that both drugs are illegal, dangerous and highly addictive. Its leaves are believed to have been used in ceremonies by the incas over 4,000 years ago to speed up their heart rates and better sustain survival in high elevations. The sentencing disparity for dealing crack and powder cocaine was 100 to 1.
While the law was changed in 2010, there continues to be a disparity of 18 to 1. Most people, when they think about crack or cocaine, tend to lump them together. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack cocaine. The new law was made retroactive, and hundreds of federal prisoners across the country were able to apply for lower sentences. You feel extremely euphoric, but only for a few minutes. The cocabush erythroxylum coca is a natural stimulant thats native to south america.
Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly. Its chemical name benzoylmethylecgonine, cocaine has a welldeserved reputation as a serious drug of abuse. Mandatory minimum policy reform and the sentencing of crack. The stark difference in federal sentencing laws for possession of the two forms of the same drug has more to do with media mythology and political pressure than with public safety and health. Many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. Is there a difference between crack cocaine and cocaine. New rules slashing crack cocaine sentences go into. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. There is no significant chemical difference crack and powder cocaine are both forms of cocaine. After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current. Is there a difference between crack cocaine and cocaine powder. It has been long observed in research that the differences between crack cocaine and powder cocaine are minor, and the difference in the manner in which both substances are normally taken is responsible for this myth. Download 32page term paper on sentencing disparities between crack cocaine vs. By stable we are referring to price, consistent purity, and ease of availability.
Sep 12, 2005 in us v villalona, the court upheld the validity of the legislatures distinction between crack and powder cocaine based on the difference in their usage and effect. The new law was also made to apply retroactively where persons under the old law could get resentenced and their jail. Crack cocaine is different from powder cocaine in that it is processed to make a rock crystal, then heated to produce vapors, which are smoked. Congress passes law to reduce crackpowder cocaine sentencing. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. I had a brother in law who became addicted to crack, tried rehab but could never beat it and ended up killing himself. The similarities exist despite fundamental differences between the. The possession of any amount of the drug is charged as a felony and can result in up to 15 years in prison for the first offense. It is an amphetamine which increases the heart rate and causes a sense of euphoria almost instantly. I think there is a big difference between the two forms of coke or at least there used to be back when these laws were enacted. The state of michigan drug laws do not have mandatory minimums or differentiate between powder and crack cocaine like federal law does. What is crack cocaine differences between crack and cocaine.
Crack cocaine is simply made by taking powder cocaine and cooking it with baking soda. Crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. Jul 17, 2017 crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. However, effective november 1, 2010, the fair sentencing act has shrunk that unfair difference to a ratio of 18. Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical. Crack and cocaine also differ in the manner in which they are used. Why the difference between crack and cocaine sentences. The fair sentencing act of 2010 was an act of congress that was signed into federal law by united states president barack obama on august 3, 2010 that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100. Similarly, mixing powder cocaine in water and injecting it results in a quicker onset of the psychoactive effects, more intense.
We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Another difference between crack and cocaine relates to the high produced. The stark difference in federal sentencing laws for. Aug 03, 2010 data show racial disparity in crack sentencing. Why are crack cocaine sentences longer than those for powder cocaine.
The court stated that crack is chemically different from powder cocaine. Cocaine has been around much longer, and is considered a more stable drug. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. Crack cocaine sentencing laws in the adaa also included a fiveyear. Crack cocaine sentences have long been much more harsh than those for powder cocaine. They set those differences for a reason, you can be a coke head, but get no jail time, but if you smoking crack rock, you will get jail time. State law makes a distinction in penalty with offenses involving under 50 grams of cocaine, between 50 and 450 grams penalty starting at 12 months jail, between 450 and grams starting at 36 months in. Mandatory minimum policy reform and the sentencing of. In todays dangerous drug world, it is important for everyone from users to doctors to concerned parents to understand the differences between coke and crack. It is either snorted or injected directly into the blood.
The powder form is dissolved in water and then injected. What is the difference between crack and powder cocaine in. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Because of these findings the antidrug abuse act of 1986 created very stiff penalties for crack cocaine including mandatory minimum sentences for simple possession of crack cocaine. Crack cocaine often nicknamed crack after the sound made during its manufacture is a lowerpurity form of freebase cocaine and contains sodium bicar.
As introduced, the fair sentencing acts provisions would have completely eliminated the sentencing disparity between crack and powder cocaine and its impact in reducing racial disparity and growing federal incarceration rates would have been more dramatic. Oct 28, 1995 with a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder. Why are crack cocaine sentences longer than those for powder. The intensity and duration of the high largely relate to how the drug is taken, per the national institute on drug abuse. Powder cocaine is made from coca paste, which is derived from the leaves of the coca plant.
From jack and jill politics to sign a petition to change the crack vs. Then i heard that crank is the same thing as methanphetamines which is the same thing as. Overdosing is a risk people take when they chose to use crack or cocaine. A primary goal of this legislation was to lessen the harshness of sentences for crack cocaine offenders and decrease the sentencing gap. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing. May 18, 20 in fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received mandatory minimum sentences for crack cocaine. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. Since the law went into effect, the ratio dropped to 18to1. To recap, there is a difference between crack and cocaine in. In august 2010 president barack obama signed the fair sentencing act of 2010 to restore fairness to federal cocaine sentencing laws.
The drug causes short but intense euphoric effects. The commission establishes sentencing policies and practices for the federal courts. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. Powder cocaine is the most pure form of the drug, containing the most pure ingredients and derives strictly from a plant.
Difference between coke and crack difference between. Crack is a freebase form of cocaine that may be smoked. The following are some of the things to know about the difference between crack and meth. Alabama, arizona, california, connecticut, iowa, maine, maryland, missouri, new hampshire, north dakota, ohio, oklahoma, south carolina, and virginia. Possession of more than 28 grams 1 ounce of cocaine a schedule ii drug is automatically considered trafficking, since the amount is presumed to show intent to sell. Although crack is essentially the same as cocaine, it can carry far different consequences. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Why are crack cocaine sentences longer than those for. Cocaine sentencing guidelines click here every year, thousands of people are put away for long prison terms because of arcane. Cocaine is a central nervous system stimulant drug processed from plants that are indigenous to south america. One would think, based on the sentencing laws, that crack cocaine is a. The difference between crack cocaine and powder cocaine. What is the difference between crack, cocaine, crank, and. In a 2002 report on state sentencing policies, the commission revealed 14 states with laws that make some distinction between crack and powder cocaine in their penalty schemes.
One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. Mar 18, 2010 from jack and jill politics to sign a petition to change the crack vs. Crack cocaine is made by dissolving powder cocaine a derivative of coca leaves and baking soda in boiling water and then cutting the resulting paste into small rocks after it dries. Congress first proposed bipartisan legislation to reform crack cocaine sentencing. The fsa represents a decadelong, and truly bipartisan, effort to reduce the racial disparities caused by the draconian crack cocaine sentencing laws. His hometown of baltimore includes some of the neighborhoods that were devastated the worst by crack, the last drug epidemic to draw an intense response from the federal government and local law enforcement. The disparity between crack sentences and sentences for powdered cocaine has existed since the reagan era, when the united states experienced a supposed epidemic of crack addiction an epidemic that was exaggerated by the media. October 08, 20 criminal law and criminology 4 comments 3 min read. Federal crack cocaine sentencing the sentencing project. That is understandablecocaine, or coke, refers to the powdered form of the drug, while crack is whats called a rock, or more solid, version of cocaine.
The fair sentencing act of 2010 fsa affected the u. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers, effects, and more. In the federal system, however, crack is punished far more than cocaine. First, it amended the drug quantity table in the federal sentencing guidelines, reducing the sentencing ranges in crack cases. Cocaine is generally found in white powder form, and crack is found in a rock form that is generally white, cream, tan, or light brown. Crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack are given the same sentence as those found in possession of 18 grams of cocaine. The fair sentencing act amends existing laws by increasing the amounts of crack that trigger these penalties, from five grams to 28 grams for fiveyear minimum sentences and from 50 grams to 280 grams for tenyear minimum sentences. Disparities in drug sentencing laws, like the differential treatment of crack as. In new york, crack and cocaine are treated the same. House republicans and democrats are in agreement that u. Similarly, while sale of 5,000 grams of powder leads to a 10year sentence, only 50 grams of crack trigger the same 10year sentence. Both crack and cocaine are derived from the same type of coca plant. Crack, which emerged in the mid1980s, had been deemed.
Powder and crack cocaine are two different forms of the same substance. To understand the problem blacks face with crack vs. The difference between crack cocaine and powder cocaine powder cocaine is made from coca paste, which is derived from the leaves of the coca plant. What is the difference between crack, cocaine, crank, and methanphetamines.
And what is the difference between crank and crack. The rocks are usually sold in single doses to users who smoke them. Cocaine laws and enforcement may be more variable at the state level, but the substance is still taken very seriously at the federal level. The punishment difference between crack cocaine and powdercocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. Probably the biggest difference between crack and meth is the fact that crack is a very shortterm drug. Oct 03, 2019 both cocaine and crack can have similar withdrawals, however, one difference is that because the high from the crack is an intensified version to that of cocaine, its over faster and adverse symptoms occur sooner.
Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams of cocaine to trigger the same 5year sentence. Data show racial disparity in crack sentencing us news. Under the old sentencing guidelines, the penalty for possessing a gram of crack cocaine was the same as that for possessing 100 grams or about 312 ounces of powder cocaine, with a corresponding. Cocaine is a very dangerous illicit drug that comes in white powder form and is produced from the coca plant that grows largely in south america. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine.