Today, Congresswoman Jasmine Crockett (TX-30), Senator Cory Booker (D-NJ), Senator Raphael Warnock (D-GA), along with 18 members of the House Democratic Caucus sent a letter to President Joseph R. Biden calling for him to use his clemency power to commute those individuals serving longer sentences due to the crack cocaine versus powder cocaine sentencing disparity that was established during the 1980’s “War on Drugs.”
“With roughly one and half months left in your administration, we call on you to continue the progress of your administration and use your constitutional clemency power on individuals impacted by misguided sentencing disparities between crack cocaine and powder cocaine who are serving sentences that would be substantially lower if sentenced today. Specifically, we urge you to commute the sentences of individuals convicted of crack cocaine offenses to sentence lengths had they been charged with powder cocaine offences,” wrote the members.
“The heightened sentencing for crack was premised on the belief that crack cocaine was more chemically dangerous than powder cocaine, and that crack users were more violent. However, medical research as early as the 1990s has shown that the physiological and psychoactive effects of cocaine are the same, regardless of the form. Additionally, 2020 U.S. Sentencing Commission data showed more federal offenders charged with powder cocaine offenses carried weapons, 490, than those charged with crack cocaine offenses, 468—meaning those convicted of powder cocaine offences were more likely to have weapons and be violent thank crack cocaine offenders,” continued the members.
“The disparate impact of the higher sentencing for crack cocaine users for communities of color is also telling. After analyzing data by the Bureau of Prisons from January 2024, the U.S. Sentencing Commission estimates there are 5,351 individuals federally incarcerated for crimes which crack cocaine was the primary or only drug involved. The U.S. Sentencing Commission estimates that, of that number, roughly ‘97.8 percent’ or ‘5,234’individuals would be eligible for a reduced sentence, and ‘62.5 percent’ or ‘3,268’ individuals would be eligible for immediate release if crack cocaine was sentenced the same as powder cocaine. Today, those currently serving crack cocaine sentences are roughly 78.9% Black, 14.3% Hispanic, and 6.4% White—meaning that the majority of those serving longer sentences because of this crack cocaine distinction are people of color.
“Given the misguided and disproven theories surrounding the antiquated sentencing disparity between crack cocaine and powder cocaine, as well as the disproportionate harm this disparity has had on communities of color, we respectfully request that you use your clemency power to commute the sentences of individuals convicted of crack cocaine offenses to sentence lengths had they been charged with powder cocaine.”
A full copy of the letter can be found here, with text appearing below.
Dear President Biden:
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