The penalties for crack cocaine possession have long been a contentious issue in part because of the perception that they unfairly target minorities. The penalties were created in 1986 under the assumption that crack cocaine was more addictive than the powdered form, and that it led to more violence. On February 20th, Paul Rosen, counsel to the United States Senate Judiciary Committee for Senator Joseph R. Biden, spoke to Widener Law faculty and staff about Senator Biden?s proposal to reduce the mandatory federal sentences for possession of crack cocaine.
Under current federal sentencing guidelines, possession of 5 grams of crack cocaine results in a minimum 5-year sentence, which is equivalent to the penalty for trafficking 500 grams of powdered cocaine. Mr. Rosen pointed out, however, that recent research suggests that crack cocaine and powdered cocaine are identical from a pharmacological standpoint, and any disparities in the level of addictiveness come from the method of intake rather than any inherent chemical property of the drug. Crack is smoked rather than inhaled, and as a result has more immediate and directly addictive effects on the user than the powdered form of cocaine.