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1 1 (November 9, 2021)

handle is hein.crs/goveeub0001 and id is 1 raw text is: Congressional Research Service 0 November 9, 2021 Cocaine: Crack and Powder Sentencing Disparities Distinguishing Crack and Powder Cocaine Cocaine is a stimulant drug, usually distributed in a powder form that can be snorted or injected after being dissolved in water. It can also appear in a more solid, chunk form, known as cocaine base or crack, which can be smoked. Whether consumed in powder or crack form, cocaine produces the same type of physiological and psychotropic effects; however, the route of administration affects the onset, duration, and intensity of these effects. The maximum psychotropic effects take longer to reach when snorting powder cocaine versus either injecting powder cocaine or smoking crack cocaine, but the effects last longer. The Drug Enforcement Administration (DEA) notes that cocaine is easy to obtain in the United States, and its availability is steady. The cocaine consumed in the United States is generally produced in Colombia, and Colombian transnational criminal organizations (TCOs) largely control its production and supply. The Southwest border is the main entry point for cocaine flowing into the United States, and Mexican TCOs control its transportation into and wholesale distribution within the United States. U.S. criminal groups and street gangs largely control retail-level distribution of powder cocaine within the country as well as the production (conversion to crack) and distribution of crack cocaine. Cocaine Use Cocaine is a widely used illicit drug in the United States. The 2020 National Survey on Drug Use and Health (NSDUH) estimates that about 5.2 million people (about 1.9% of the 12-and-older population) used cocaine-either crack or powder cocaine-within the past year, and 657,000 of these individuals (about 0.2% of the 12-and-older population) used crack cocaine within the past year. Persons aged 18-25 had the highest cocaine use, with an estimated 1.8 million users (about 5.3% of that population). Further, NSDUH estimates there were about 1,800 new cocaine users aged 12 and older each day in 2019 (the number that stop using each year is unknown), and approximately 1.0 million individuals suffered from a cocaine use disorder that year. Drug overdose deaths in the United States are of continuing concern to lawmakers. In recent years, there has been an increase in the rate of drug overdose deaths involving cocaine. According to the National Center for Health Statistics, there were 15,883 drug overdose deaths involving cocaine in 2019, and of these deaths, 75.5% also involved an opioid. The rate of drug overdose deaths involving both cocaine and opioids increased from 0.7 (per 100,000) in 2009 to 3.8 in 2019, while the rate of overdose deaths involving cocaine without opioid involvement increased from 0.7 to 1.1. Federal Cocaine Sentencing and History of the Disparity The Controlled Substances Act (CSA; enacted in 1970) is the legal framework through which the federal government regulates certain drugs that are deemed to pose a risk of abuse and dependence, including powder and crack cocaine (see CRS Report R45948, The Controlled Substances Act (CSA): A Legal Overview for the 117th Congress). Some violations of the CSA are criminal offenses that may result in large fines and long prison sentences. The CSA as enacted did not distinguish between powder and crack cocaine; however, the Anti-Drug Abuse Act of 1986 amended the CSA to impose mandatory minimum sentences for certain trafficking-related offenses involving cocaine. While these 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 100:1. For example, offenses involving 5 kilograms of cocaine powder or 50 grams of crack carried a mandatory 10-year sentence, and offenses involving 500 grams of cocaine powder or 5 grams of crack carried a mandatory 5-year sentence. Prior to the enactment of the Anti-Drug Abuse Act of 1986, offenses involving smaller or unspecified amounts of powder or crack cocaine were also subject to criminal penalties, but did not carry a mandatory minimum prison term. The Anti-Drug Abuse Act of 1988 subsequently established a 5-year mandatory minimum penalty for simple possession of crack cocaine. Fair Sentencing Act of 2010 and First Step Act of 2018 The Fair Sentencing Act of 2010 (the Fair Sentencing Act) revised these penalties. It increased the threshold amount of crack cocaine necessary to trigger the mandatory minimum penalties from 5 grams to 28 grams for the 5-year sentence and from 50 grams to 280 grams for the 10-year sentence. These changes reduced the disparity between the thresholds for powder and crack cocaine to a ratio of approximately 18:1. The act also eliminated the 5-year mandatory minimum for simple possession of crack cocaine. There remains the 18:1 disparity in the threshold amount of powder cocaine and crack cocaine that triggers the mandatory minimum penalties for trafficking-related offenses. The Fair Sentencing Act applied to future cases and cases that were pending on the date of enactment, but did not apply to cases in which a sentence had already been imposed. The First Step Act of 2018 made the Fair Sentencing Act's changes to crack sentences retroactive and permitted those convicted and sentenced prior to passage of the Fair Sentencing Act to seek resentencing. According to the U.S. Sentencing Commission (USSC), there have been ittps://crsreports.congress.gt

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