Biden drafts legislation to 'Eliminate the Crack/Powder Cocaine Sentencing Disparity Completely'

[JohnnyBoots]

Joe won me over in the debate. Now he has teamed with Kerry, Levin, and Feingold to hit another one out of the park. Glad to see he is a great on foreign policy and domestic issues as well.


November 1, 2007
Press Release

BIDEN: 'Eliminate the Crack/Powder Cocaine Sentencing Disparity Completely'


BIDEN Calls on Colleagues to Support his Legislation to Abolish Unjust Crack/Powder Cocaine Sentencing Structure

WASHINGTON, DC – On the day the new crack cocaine sentencing guidelines take effect, Chairman of the Senate Judiciary Subcommittee on Crime and Drugs, Sen. Joseph R. Biden, Jr. (D-DE) reiterated his call to eliminate completely the crack/powder cocaine sentencing disparity.

“Over twenty years ago, Congress enacted a sentencing scheme that punishes crack cocaine offenses far more severely than powder cocaine offenses," said Sen. Biden. "This is a terrible flaw in the criminal justice system. It’s based on the bogus notion that the crack form of cocaine is more dangerous and crack users are more violent than powder uses. And that logic just hasn’t played out. While I’m glad we’re making some headway in correcting this injustice, we have a long way to go. What we need to do is eliminate the disparity entirely.”

The Sentencing Guidelines taking effect today reduce crack cocaine sentences by changing the drug quantity thresholds by two levels. For instance, five grams of crack cocaine currently triggers a prison sentence in the range of 63-78 months (a Level 26 sentence). The new guidelines change that sentence to a range of 51-63 months (a Level 24 sentence). According to six of the seven U.S. Sentencing Commission members, the proposal is a modest attempt to alleviate the disparity in sentencing for crack defendants and powder cocaine defendants.

Right now, it takes 100 times more powder cocaine than crack to trigger the five- and ten-year mandatory minimum sentences under federal law (100:1 sentencing ratio). In other words, powder cocaine offenders who traffic 500 grams of powder (2,500-5,000 doses) receive the same five-year mandatory minimum sentence as crack cocaine offenders who possess just 5 grams of crack (10-50 doses). And while the new U.S. Sentencing Commission guidelines will have a modest effect on reducing this disparity, it is powerless to do much else. It is up to Congress to change the law that created the 100:1 sentencing ratio.

To address this injustice, Sen. Biden introduced legislation (S. 1711) last summer to eliminate completely the disparity between crack and powder cocaine prison sentences. Specifically, Sen. Biden's legislation – Drug Sentencing Reform & Cocaine Kingpin Trafficking Act – will:

· Eliminate completely the 100:1 sentencing disparity between crack and powder cocaine offenses;
· Eliminate the mandatory minimum sentence for simple possession of crack cocaine, the only drug for which there exists a mandatory minimum sentence for mere possession for a first time offender;
· Authorize funds for prison- and jail-based drug treatment programs;
· Increase fines for major drug traffickers;
· Provide additional resources for the Departments of Justice, Treasury, and Homeland Security for the investigation and prosecution of drug offenses; and
· Refocus federal drug laws on the major cocaine kingpins, not the street corner dealers, leaving States with primary responsibility for low level users and traffickers.

“It’s time for Congress to act in a real way. The current 100:1 disparity is unjust, unfair, and the time has long past for it to be undone. I urge my colleagues on both sides of the aisle to support this critical legislation,” added Sen. Biden.

Sen. Biden’s legislation is cosponsored by Senators John Kerry (D-MA), Carl Levin (D-MI) and Russ Feingold (D-WI). To read more about the U.S. Sentencing Commission guidelines going into effect today, please click here: http://www.ussc.gov/



http://biden.senate.gov/newsroom/details.cfm?id=286560&

[PatSeg]

1. Thanks, I missed that one

But then it is hard keeping up with Senator Biden. I think he must have a clone.

[JohnnyBoots]

2. I never pictured Hagel with a sense of humor before. I wonder if he is serious?

[PatSeg]

3. I've NEVER seen him smile either

This was a total surprise to me.

[youthere]

9. kick for Joe

[iverglas]

4. kicking in the hope that it will be seen

by those who label Biden a drug warrior.

· Refocus federal drug laws on the major cocaine kingpins, not the street corner dealers, leaving States with primary responsibility for low level users and traffickers.

A cop out? Not really, I'd say. A withdrawal of federal resources/powers from a place they don't belong.

(Unlike Ron Paul's call for the US federal government to withdraw from the field regarding abortion, which stems clearly from a desire to smoothe the way for violations of women's rights.)

[Alexander]

5. What about Biden's bill that toughened penalties for ecstasy use?

Seems kind of drug warrior-like to me, although I enjoy this current bit of news.

[iverglas]

6. what about the fact that I've already established

that your statement that Biden's bill toughened penalties for ecstasy use is, as far as I can tell, false?

[Alexander]

11. You've established that you're a shill for Biden. Look at the RAVE Act and the Drug Czar...

Two creations of your hero Biden.

"The Reducing Americans' Vulnerability to Ecstasy Act, commonly known as the RAVE Act, was a bill proposed in the United States Senate during the 107th Congress. A substantially similar law, the Illicit Drug Anti-Proliferation Act was passed during the 108th Congress on April 30, 2003.

The bill was sponsored by Senator Joseph Biden, along with cosponsors Chuck Grassley, Orrin Hatch, Joseph Lieberman, Strom Thurmond, Patrick Leahy and Richard Durbin.<1> The bill was referred to the Senate Committee on the Judiciary on June 18, 2002. June 27, 2002 it was reported out of the committee without written comment or amendment and placed on the Senate Legislative Calendar. On October 10, 2002, Senator Biden provided introductory remarks on the bill before the Senate.

This bill was introduced to the Senate again on January 7th 2003 by Senator Thomas Daschle with co-sponsors; Senator Joseph Biden Jr. , Senator Hillary Rodham Clinton Senator Jon Corzine , Senator Mark Dayton Senator Richard Durbin , Senator Edward Kennedy , Senator Patrick Leahy , Senator Patty Murray , Senator Jack Reed , Senator Charles Schumer . This bill also failed to pass. <[1>]

On Thursday (April 10, 2003) the Senate and House passed <2> the Illicit Drug Anti-Proliferation Act (formerly known as the RAVE Act) as an attachment to the child abduction-related Amber Alert Bill. The language of the original act was changed slightly before the bill was passed without public hearing, debate or a vote.

The stated purpose of the Act was: "A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purpose.""

Wait! What's that? I provided sources and you didn't?

Go sit in the corner with your dunce cap on.

[iverglas]

12. thank you, thank you

A little recognition is always welcome. Even if it's from people who don't have a clue.

If I were a US citizen, I'd be holding my nose no matter who I voted for. Except possibly Kucinich. Who, I know, has no hope of getting the party nomination or winning a general election if he did.

I generally hold my nose here too. I have the option of a third party, for which I have voted in all but two elections in the last 40 years (and been a candidate for three times), but it's not my ideal thing either.

What I do see in the US is a chance to elect someone who knows what the hell is going on in the world, and gives a damn, and I think Biden fits that description better than the rest.

The stated purpose of the Act was: "A bill to prohibit an individual from knowingly opening, maintaining, managing, controlling, renting, leasing, making available for use, or profiting from any place for the purpose of manufacturing, distributing, or using any controlled substance, and for other purpose.

We'd all like to see drug possession decriminalized. In the meantime, I'm not particularly thrilled at criminal organizations profiting from the distribution of unquestionably harmful substances.

As I've said several times, prosecution/sentencing policy is an important element of the equation here. I'm not seeing Biden advocating long sentences for personal possession offences -- in fact he has advocated refocusing the "war" on major distributors -- and I have no reason to believe that a Democratic administration/legislature would make persecuting possession offenders a priority the way it has been under the Bush administration.

I'm aware that Democrats have been protagonists in the whole war on drugs thing, and that Clinton, for example, played a significant role; one among many reasons I'm not a particular fan of his. But as compared to Bush? Biden as compared to any Republican? Any Democrat as compared to any Republican? When you have another choice, let me know.


Oh, by the way ... I guess I did establish that your statement that Biden's bill toughened penalties for ecstasy use was false, since you've offered nothing to back it up.

[Alexander]

16. Wrong again. 0 for 2.

I see you're not a fan of reading.

Here's the text of Illicit Drug Anti-Proliferation Act of 2003 (AKA the RAVE Act).

"SEC. 5. SENTENCING COMMISSION GUIDELINES.

The United States Sentencing Commission shall--

(1) review the Federal sentencing guidelines with respect to offenses involving gamma hydroxybutyric acid (GHB);

(2) consider amending the Federal sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of offenses involving GHB and the need to deter them; and"

Here's the description of the bill itself.

"In addition to amending the crack house statute, the legislation also addresses the low penalties for trafficking gamma hydroxybutyric acid, GHB, by directing the United States Sentencing Commission to examine the current penalties and consider increasing them to reflect the seriousness of offenses involving GHB. Currently, GHB penalties are simply too low. In order to get five years for a GHB offense, you have to have more than 13 gallons of the drug, equivalent to 100,000 doses and a street value of about $1 million. According to the DEA, big-time GHB dealers distribute approximately one gallon quantities of the drug, the penalty for which is currently only between 15 and 21 months. These cases simply aren't being prosecuted at the Federal level because the penalties are so low. The Sentencing Commission needs to take a look at this problem and consider raising the penalties for this dangerous drug.

But the answer to the problem of drug use at raves is not simply to prosecute irresponsible rave promoters and those who distribute drugs."

"We'd all like to see drug possession decriminalized."

Decriminalized? Marijuana should be legal. If by "decriminalize" you mean "creating more dealers and pushers by keeping marijuana illegal", then I guess that's what you want. It won't solve the problem of drug distribution, though.

"In the meantime, I'm not particularly thrilled at criminal organizations profiting from the distribution of unquestionably harmful substances."

Ever bought a dime sack in college? Too bad, you already contributed to their profits.

Besides, if drugs (particularly marijuana) were legal, taxed and regulated, there would be no dealers and no criminals profiting off of drug sales.

"I'm not seeing Biden advocating long sentences for personal possession offences -- in fact he has advocated refocusing the "war" on major distributors"

Way to spin his debate answer where he said the exact opposite.

"Biden as compared to any Republican? Any Democrat as compared to any Republican? When you have another choice, let me know."

Are you deliberately being obtuse? I said he won't be getting my primary vote. Are there Republicans in the Democratic primary?

Jesus. Keep your dunce cap on, you'll need it.

[gateley]

13. Biden has also sponsored legislation to change the wording from drug "abuse"

to (and don't you know I can't remember the exact phrase) indicate it is a problem, not a crime to be an addict. That shows a lot of compassion and a deeper understanding of the problems of addiction.

My point is, he's not stomping on the little guy and those whose use has gotten out of control -- he's trying to stem the source. Like keeping e-coli beef imports out from entering the country. (What a lame analogy - but you know what I mean)

[jillan]

15. well put!

[murbley40]

7. K&REC

[raccoon]

8. K&R nt

[Egnever]

10. I gotta say of all our candidates

Joe continues to work hard in congress as well as run a campaign.

Love the things he is doing lately

[gateley]

14. And I don't know how he does it - it's amazing! nt