Federal & Local Drug Legislation Updates that Could Affect Those Whom Your Organization Serves
Submitted by Member Organization Stand Up for What’s Right and Just (SURJ)
On August 3, 2010, President Obama signed the Fair Sentencing Act of 2010 (FSA) into law. The FSA corrects a long-standing federal law that punished the possession of crack cocaine more severely than the possession of powder cocaine. Prior to the FSA’s passage into law, five grams of crack cocaine (equal to the weight of a packet of sweetener) triggered a federal mandatory prison sentence of five years. The FSA changes the quantity of crack needed to trigger this mandatory sentence from five grams to 28 grams.
For a 10 year mandatory sentence, one would now need to possess 280 grams of crack cocaine. In what is being hailed as a tremendous victory by sentencing reform advocates, the infamous 100:1 ratio (the penalty for possessing 100 grams of powder cocaine was the same as the sentence for possessing 1 gram of crack cocaine) has now been reduced to 18:1.
It is estimated that these changes will result in an average sentence reduction of nearly 2 ¼ years for federally sentenced offenders going forward. The bill also eliminated the five year federal mandatory sentence for simple possession of crack cocaine. These changes are projected to affect over 3,000 individuals each year, saving taxpayers $42 million over the next five years. This monumental change represents the first time since the Nixon Administration that such a repeal of mandatory minimum sentences has occurred. Unfortunately, the FSA is not currently retroactive for offenders who have already been sentenced, but a new federal bill, H.R. 6548, has been introduced to attempt to make these changes retroactive. The retroactivity law is not expected to pass in 2010; however, the retroactivity effort will continue into 2011. Delawareans can contact their U.S. Representative to indicate support for making the FSA retroactive. (For more information on federal drug law reforms, please visit the Families Against Mandatory Minimums (FAMM) website.
Drug sentencing statutes at the state level in Delaware may also see a significant change in 2011; the reintroduction of the bill that was formerly H.B. 443 is expected in early January. Championed by Representative Melanie George, this comprehensive revision of Title 16, Delaware’s Drug Code, would improve drug sentencing fairness by simplifying the drug charging system and by setting new, reduced amounts for the drug weights that trigger certain harsh sentences. The measure would also significantly reduce the length of time during which drug offenders (both misdemeanor and felony offenders) lose their driver’s license. The bill is the result of a collaborative effort between the Attorney General’s Office, law enforcement, judges, and advocates. Stay tuned for more information on how to advocate for the bill’s passage once it is reintroduced.
