Left and Right Unite to Bring Justice to Drug Laws

The passage of the bill was a pivotal point in the fight to correct imbalances in our sentencing laws. The bill repeals a mandatory minimum sentence for the first time since mandatory minimums were introduced in the Nixon administration. It is important to note that this law had the support of Members of Congress from both sides of the aisle who joined forces in a remarkable display of non-partisan solidarity.

A unanimous Senate voted to reform the disparity in March, and the House passed the bill at the end of July. With conservative sponsors such as Tom Coburn and John Cornyn joining progressives like Richard Durbin and Al Franken, Congress finally acted to correct this horrible injustice. Rep. Dan Lungren, a former California Attorney General, delivered a statement to the House endorsing the act, saying, "I believe that this is what justice should be about. This is a well-crafted bill, a good compromise; it serves the ends of justice and fairness."

The bill was also supported by a vast number of associations and advocacy groups of all stripes. The Federal Law Enforcement Officers Association, the National District Attorneys Association and the International Union of Police Associations joined groups such as Prison Fellowship, Families against Mandatory Minimums, the National Association of Evangelicals, CitizenLink of Focus on the Family, members of the Congressional Black Caucus, and Asa Hutchinson, former head of the Drug Enforcement Administration.

The original policy mandated a 10-year minimum sentence for a drug dealer caught with only a candy-bar-size amount of crack. Yet dealers selling powder cocaine had to fill an entire briefcase in order to receive the same 10-year sentence.

Enacted in 1986, the disparity was largely based on the understanding that crack cocaine was more dangerous than powder cocaine because it was instantly addictive and provoked violent behavior. Since then, copious amounts of scientific evidence and U.S. Sentencing Commission analysis have shown these differences to be exaggerated or even false. Sadly, the disparity led to a hugely disproportionate number of black Americans being sentenced under this mandatory minimum law.

Also, the disproportionally harsh crack penalties fell mostly on low-level cocaine offenders, who are at the lowest end of the distribution chain and often have no previous criminal history. According to an analysis by the Criminal Justice Policy Foundation, only 7 percent of federal cocaine cases have been directed at high-level traffickers. Instead, federal authorities have squandered huge amounts of resources on small cogs in the cocaine distribution network: One-third of all federal cocaine cases involve an average of 52 grams - the weight of a candy bar. Not only is this a terrible misuse of federal time and talent, but it has also clogged the federal courts with cases that could be handled easily by the states. To really stop the flood of cocaine entering this country, federal resources should focus on high-level traffickers. Despite its hefty price tag, the crack-powder ratio made no substantial dent in the cocaine trade.

The Fair Sentencing Act of 2010 restores common sense to our drug sentencing system. The 100:1 powder-crack disparity is reduced to just 18:1. The five-year mandatory minimum for simple crack possession is eliminated. The individual circumstances surrounding a drug crime are taken into account, while penalties for major cocaine traffickers are increased. And, the law addresses concerns about violence associated with crack use by recommending a guideline increase for drug crimes involving violence.

Federal laws should reflect the values of liberty, equality and compassion. The enactment of this responsible sentencing reform will advance all of these values. It puts an end to excessive deprivations of freedom; it treats drug offenders with fairness and equality, and it demonstrates compassion for those who commit minor offenses yet deserve a second chance to fulfill their responsibilities to family and community.
The Fair Sentencing Act is a victory for US drug policy, for Americans of every color, and for fairness in the criminal justice system. 

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Pat Nolan is vide-president of Prison Fellowship USA and leads the ministry's criminal justice reform arm, Justice Fellowship.