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1 1 (June 22, 2021)

handle is hein.crs/govedsu0001 and id is 1 raw text is: Sb Congressional ______ *Research Service Crack Cocaine Offenses and the First Step Act of 2018: Overview and Implications of Terry v. United States June 22, 2021 On June 14, 2021, the Supreme Court issued an opinion in Terry v. United States, unanimously holding that a person convicted of possession with intent to distribute crack cocaine prior to enactment of the First Step Act of 2018 is eligible for a retroactive sentence reduction under the First Step Act only if the crack offense triggered a mandatory minimum sentence. This Legal Sidebar outlines relevant background related to sentencing for criminal offenses involving crack and powder cocaine, then discusses the Supreme Court's decision in Terry. The Sidebar concludes with considerations for Congress related to powder and crack cocaine sentencing. Background on Federal Cocaine Sentencing The Controlled Substances Act (CSA) imposes a comprehensive system of federal regulation on certain drugs and other substances deemed to pose a significant risk of abuse and dependence, including some prescription drugs and many recreational drugs. The CSA divides controlled substances into five lists, known as schedules. A lower schedule number carries more stringent regulations, and it is unlawful to manufacture, possess, or distribute a controlled substance except as authorized under the CSA. Congress enacted the CSA in 1970. Among other things, the 1970 legislation placed cocaine in Schedule II under the CSA and imposed criminal penalties for the unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, distribute, or dispense any narcotic drug, including cocaine. The CSA as enacted did not distinguish between powder and crack cocaine. However, in response to concerns about a crack epidemic that arose in the mid-1980s, Congress later amended the CSA in 1986, imposing mandatory minimum sentences for certain offenses involving cocaine. While the minimum sentences applied to both powder and crack cocaine, the amount of each substance required to trigger the mandatory minimum varied by a ratio of 100-to-1. For example, offenses involving 5 kilograms of cocaine powder or 50 grams of cocaine base (i.e., crack) carried a mandatory 10-year sentence, and offenses involving 500 grams of cocaine powder or 5 grams of cocaine base carried a mandatory 5-year sentence. Offenses involving smaller amounts or an unspecified amount of cocaine (whether powder or crack) were also subject to criminal penalties but did not carry a mandatory minimum prison term. Congressional Research Service https://crsreports.congress.gov LSB10611 CRS Legal Sidebar Prepared for Members and Committees of Congress

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