History

• In 1986, Congress imposed new penalties for possession of crack cocaine. Defendants found with 5 g of crack cocaine now receive a mandatory minimum of five years in prison. Defendants with 50 g are sentenced to a mandatory 10 years in prison. Crack cocaine is the only drug carrying a mandatory sentence for a first offense.
  
  

Disparity in Penalties

• Some legal experts and journalists have noted the disparity between the penalties for possession of crack cocaine and possession of powdered cocaine. The average sentence for possession of less than 25 g of crack cocaine is 65 months, while the average sentence for the same amount of powdered cocaine is just 14 months.
  
  

Legislation

• In 2010, Congress approved and President Obama signed legislation to help curb the disparities. The law imposes a five-year sentence for possession of 28 g, rather than for 5 g. It also eliminates the mandatory minimum five-year sentence for possession of crack cocaine.