This August, President Obama signed legislation removing the exceptionally hard punishment imposed upon crack cocaine offenders in federal courts.

This decision was grounded upon the legislator’s belated recognition that the physical and psychiatric influence of crack cocaine is virtually indistinguishable from powder cocaine.  In addition, it has been established that the harsh penalties imposed on crack cocaine offenders have failed to deter high-level drug dealers.  Indeed, it has been shown that the majority of crack offenders are relatively low-level users and street dealers.  Finally, statistics show that there is a disproportionate number of blacks in prison for crack related offenses which is consideration that has fueled speculation that the federal drug laws discriminate against minorities.

The new law increases the minimum amount of crack cocaine necessary to impose a five-year mandatory minimum sentence from 5 gm to 28 gm.  It also increased the amount of crack cocaine necessary to generate a ten-year mandatory minimum term from 50 gm. to 280 gm.  Notwithstanding, this amendment a significant distinction will still exist between penalties imposed for crack cocaine offenses and powder cocaine offenses.
 
One commentator has said that Congress needs to finish the job by making this new legislation retroactive, so as to permit the release of thousands of men and women who were sentenced long ago to long terms of imprisonment for relatively minor crack cocaine offenses.