Fair Sentencing Act

{{Short description|American federal law}} {{Use American English|date=June 2025}} {{Infobox U.S. legislation | shorttitle = Fair Sentencing Act of 2010 | othershorttitles = | longtitle =  | colloquialacronym = | nickname = | enacted by =  | announced by =  | effective date = | public law url = | cite public law =  | cite statutes at large =  | acts amended = | acts repealed = | title amended =  | sections created =  | sections amended = | leghisturl = | introducedin =  | introducedbill = | introducedby =  | introduceddate = | committees = | passedbody1 = | passeddate1 = | passedvote1 = | passedbody2 = | passedas2 =  | passeddate2 = | passedvote2 = | conferencedate = | passedbody3 = | passeddate3 = | passedvote3 = | agreedbody3 =  | agreeddate3 =  | agreedvote3 =  | agreedbody4 =  | agreeddate4 =  | agreedvote4 =  | passedbody4 = | passeddate4 = | passedvote4 = | signedpresident = [[Barack Obama]] | signeddate = | unsignedpresident =  | unsigneddate =  | vetoedpresident =  | vetoeddate =  | overriddenbody1 =  | overriddendate1 =  | overriddenvote1 =  | overriddenbody2 =  | overriddendate2 =  | overriddenvote2 =  | amendments = | SCOTUS cases = {{ubl|''[[Dorsey v. United States]]'', {{ussc|567|260|2012}}}} [[Terry v. United States]] (2021) }}

[[File:Crack street dosage.jpg|thumb|right|[[Crack cocaine]]]] The '''Fair Sentencing Act of 2010''' ({{USPL|111|220}}) was an Act of Congress that was signed into federal law by [[President of the United States|United States President]] [[Barack Obama]] on August 3, 2010, that reduces the [[Sentencing disparity|disparity]] between the amount of [[crack cocaine]] and powder [[cocaine]] needed to trigger certain [[Federal crime|federal criminal]] penalties from a 100:1 weight ratio to an 18:1 weight ratio<ref>{{Cite web|url=https://www.ussc.gov/research/congressional-reports/2015-report-congress-impact-fair-sentencing-act-2010|title=2015 Report to the Congress: Impact of the Fair Sentencing Act of 2010|date=2016-03-30|website=United States Sentencing Commission|language=en|access-date=2020-01-22}}</ref> and eliminated the five-year [[mandatory sentencing|mandatory minimum sentence]] for simple possession of crack cocaine, among other provisions.<ref name=famm>[http://www.famm.org/FederalSentencing/USCongress/BillsinCongress/TheFairSentencingActof2010.aspx Fair Sentencing Act of 2010] {{webarchive |url=https://web.archive.org/web/20120303203132/http://www.famm.org/FederalSentencing/USCongress/BillsinCongress/TheFairSentencingActof2010.aspx |date=March 3, 2012 }}, Families Against Mandatory Minimums, famm.org, accessed September 30, 2010.</ref> Similar bills were introduced in several [[U.S. Congress]]es before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.

The [[Anti-Drug Abuse Act of 1986]] implemented the initial disparity, reflecting Congress's view that crack cocaine was a more dangerous and harmful drug than powder [[cocaine]]. In the decades since, extensive research by the [[United States Sentencing Commission]] and other experts has suggested that the differences between the effects of the two drugs are exaggerated and that the sentencing disparity is unwarranted. Further controversy surrounding the 100:1 ratio was a result of its description by some as being [[Race in the United States criminal justice system|racially]] biased and contributing to a disproportionate number of African Americans being sentenced for crack cocaine offenses.<ref>{{cite book|last=Webb|first=Gary|year=1999|pages=282|title=[[Dark Alliance (book)|Dark Alliance]]|publisher=[[Seven Stories Press]]|isbn=978-1-888363-93-7}}</ref> Legislation to reduce the disparity has been introduced since the mid-1990s, culminating in the signing of the Fair Sentencing Act.

The Act has been described as improving the fairness of the federal criminal justice system, and prominent politicians and non-profit organizations have called for further reforms, such as making the law retroactive and complete elimination of the disparity (i.e., enacting a 1:1 sentencing ratio).

==Background== {{Further|Crack epidemic (United States)}} The use of [[crack cocaine]] increased rapidly in the 1980s, accompanied by an increase in violence in urban areas.<ref name=Datashow>{{cite news|url=http://politics.usnews.com/news/articles/2010/08/03/data-show-racial-disparity-in-crack-sentencing.html|work=U.S. News & World Report| title=Data Show Racial Disparity in Crack Sentencing|first=Danielle|last=Kurtzleben|date= August 3, 2010}}</ref> In response, the [[Anti-Drug Abuse Act of 1986]] included a provision that created the disparity between federal penalties for crack cocaine and powder cocaine offenses, imposing the same penalties for the possession of an amount of crack cocaine as for 100 times the same amount of powder cocaine. The law also contained minimum sentences and other disparities between the two forms of the drug.<ref name=Durbinrelease>[http://durbin.senate.gov/showRelease.cfm?releaseId=326778 Durbin's Fair Sentencing Act Passed By House, Sent to President for Signature], durbin.senate.gov, accessed September 30, 2010.</ref>

===Sentencing disparity and effects=== In the three decades prior to the passing of the Fair Sentencing Act, those who were arrested for possessing crack cocaine faced much more severe penalties than those in possession of powder cocaine. While a person found with five grams of crack cocaine faced a five-year mandatory minimum prison sentence, a person holding powder cocaine could receive the same sentence only if he or she held five hundred grams. Similarly, those carrying ten grams of crack cocaine faced a ten-year mandatory sentence, while possession of one thousand grams of powder cocaine was required for the same sentence to be imposed.<ref name=WashPost>[https://www.washingtonpost.com/wp-dyn/content/article/2010/08/02/AR2010080204360.html The Fair Sentencing Act corrects a long-time wrong in cocaine cases], ''[[The Washington Post]]'', August 3, 2010, accessed September 30, 2010.</ref>

At that time, Congress provided the following five reasons for the high ratio: crack cocaine was more addictive than powder cocaine; crack cocaine was associated with violent crime; youth were more likely to be drawn to crack cocaine; crack cocaine was inexpensive, and therefore more likely to be consumed in large quantities; and use of crack cocaine by pregnant mothers was dangerous for their unborn children.<ref name=FordhamLawReview>Beaver, Alyssa L. [https://web.archive.org/web/20120229184659/http://law.fordham.edu/assets/LawReview/Beaver_April_2010.pdf Getting a Fix on Cocaine Sentencing Policy: Reforming the Sentencing Scheme of the Anti-Drug Abuse Act of 1986],''[[Fordham Law Review]]'', vol. 78, April 2010, accessed October 14, 2010.</ref>

A study released in 1997 examined the addictive nature of both crack and powder cocaine and concluded that one was no more addictive than the other. The study explored other reasons why crack is viewed as more addictive and theorized, "a more accurate interpretation of existing evidence is that already abuse-prone cocaine users are most likely to move toward a more efficient mode of ingestion as they escalate their use.<ref>{{Cite book| first1 = Craig | last1 = Reinarman| first2 = Dan| last2 = Waldorf| first3 = Sheigla B.| last3 = Murphy| first4 = Harry G.| last4 = Levine| editor-last = Reinarman | editor-first = Craig| editor2-last = Levine| editor2-first = Harry G.| contribution = The Contingent Call of the Pipe: Bingeing and Addiction Among Heavy Cocaine Smokers | title = Crack in America: Demon Drugs and Social Justice | year = 1997 | place = Berkeley, California | publisher = University of California Press}}</ref> The ''[[Los Angeles Times]]'' commented, "There was never any scientific basis for the disparity, just panic as the crack epidemic swept the nation's cities."<ref name=AboutTime>{{Cite news|url=https://www.latimes.com/archives/la-xpm-2010-jul-31-la-ed-sentencing-20100731-story.html|title=The Fair Sentencing Act of 2010: It's about time|author=Editorial|date=July 31, 2010|work=[[Los Angeles Times]]}}</ref>

[[File:CocaineHydrochloridePowder.jpg|thumb|250px|right|[[Cocaine]] powder]] The sentencing disparity between these two drug offenses is perceived by a number of commentators as racially biased.<ref>{{citation|volume=5|publisher=Mich. J. Race & L.|pages=611|date=1999–2000|title=Cracking the Code: De-Coding Colorblind Slurs during the Congressional Crack Cocaine Debates|author=Dvorak, Richard|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mjrl5&section=28}}</ref><ref>{{citation|volume=3|publisher=Geo. Mason Indep. L. Rev. 473|date=1994–1995|title=Punishment for Just Us - A Constitutional Analysis of the Crack Cocaine Sentencing Statutes|author=Wytsma, Laura A.|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/gmlr3&section=18}}</ref> In 1995, the U.S. Sentencing Commission concluded that the disparity created a "racial imbalance in federal prisons and led to more severe sentences for low-level crack dealers than for wholesale suppliers of powder cocaine. ... As a result, thousands of people – mostly African Americans – have received disproportionately harsh prison sentences."<ref name=WashPost/><ref name=AboutTime/><ref name=listofproposals>[http://www.drugpolicy.org/library/factsheets/effectivenes/index.cfm#notes Effectiveness of the War on Drugs], [[Drug Policy Alliance]], accessed October 17, 2010.</ref>

In 2002, the [[United States Sentencing Commission]] "found that the ratio was created based upon a misperception of the dangers of crack cocaine, which had since been proven to have a less drastic effect than previously thought."<ref name=FordhamLawReview/> In 2009, the U.S. Sentencing Commission introduced figures stating that no class of drug is as racially skewed as crack in terms of numbers of offenses. According to the data, 79% of 5,669 sentenced crack offenders were black, while only 10% were white and 10% were Hispanic. The figures for the 6,020 powder cocaine convictions, in contrast, were as follows: 17% of these offenders were white, 28% were black, and 53% were Hispanic. Combined with a 115-month average imprisonment for crack offenses, compared with an average of 87 months for cocaine offenses, the sentencing disparity results in more African-Americans spending more time in the prison system.<ref name=Datashow/>

[[Asa Hutchinson]], the former administrator of the [[Drug Enforcement Administration]] under President [[George W. Bush]], commented that because of the [[disparate treatment]] of these two offenses, "the credibility of our entire drug enforcement system is weakened."<ref name=Durbinrelease/> The U.S. Sentencing Commission also released a statement saying that "perceived improper racial disparity fosters disrespect for and lack of confidence in the criminal justice system."<ref name=Durbinrelease/> According to [[U.S. Senator]] [[Dick Durbin]], "The sentencing disparity between crack and powder cocaine has contributed to the imprisonment of African Americans at six times the rate of Whites and to the United States' position as the world's leader in incarcerations."<ref>{{cite news| url=https://www.washingtonpost.com/wp-dyn/content/article/2009/10/15/AR2009101501992.html | newspaper=The Washington Post | title=Bill Targets Sentencing Rules For Crack and Powder Cocaine | first=Carrie | last=Johnson | date=October 16, 2009}}</ref>

===Attempts to change the disparity===

====Legal challenges==== Although the 100:1 federal sentencing ratio remained unchanged from 1986 to 2010, two [[U.S. Supreme Court]] cases provided lower courts with discretion in determining penalties for cocaine convictions. ''[[Kimbrough v. United States]]'' (2007) and ''Spears v. United States'' gave lower courts the option to set penalties and allowed judges who disagreed with the [[United States Federal Sentencing Guidelines|Federal Sentencing Guidelines]] to depart from the statutory ratio based on policy concerns. In 2009, the U.S. District Courts for the Western District of Pennsylvania, Western District of Virginia and District of Columbia used these cases to create one-to-one sentencing ratios of crack cocaine to powder cocaine.<ref name=FordhamLawReview/> ''[[United States v. Booker]]'' (2005) and ''[[Blakely v. Washington]]'' (2004) also weakened the sentencing guidelines as a whole by making them advisory.<ref>{{citation|volume=33|publisher=T. Marshall L. Rev.|pages=329|date=2007–2008|title=How to Guide for Prosecutors Defending the Sentencing Guidelines on Crack, The|author=Taylor, Larry F. Jr.|url=http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/thurlr33&section=25}}</ref>

====Proposed legislation==== The U.S. Sentencing Commission first called for reform of the 100:1 sentencing disparity in 1994 after a year-long study on the differing penalties for powder and crack cocaine required by the Omnibus [[Violent Crime Control and Law Enforcement Act]]. The Commission found that the sentencing disparity was unjustified due to the small differences between the two forms of cocaine, and advised Congress to equalize the quantity ratio that would trigger mandatory sentences. Congress rejected the commission's recommendations for the first time in the commission's history.<ref name=sentencingproject>[http://www.sentencingproject.org/doc/publications/dp_crack_sentencing.pdf "Federal Crack Cocaine Sentencing"] {{Webarchive|url=https://web.archive.org/web/20101228063655/http://www.sentencingproject.org/doc/publications/dp_crack_sentencing.pdf |date=2010-12-28 }}, The Sentencing Project, sentencingproject.org, accessed October 24, 2010.</ref>

In April 1997, the Commission again recommended a reduction in the disparity, providing Congress with a range from 2:1 to 15:1 to choose from. This recommendation would have raised the quantity of crack and lowered the quantity of powder cocaine required to trigger a mandatory minimum sentence. Congress did not act on this recommendation. In 2002, the Commission again called for reducing sentencing disparities in its Report to Congress based on extensive research and testimony by medical and scientific professionals, federal and local law enforcement officials, criminal justice practitioners, academics, and civil rights organizations.<ref name=sentencingproject/>

Congress first proposed bipartisan legislation to reform crack cocaine sentencing in 2001, when Senator [[Jeff Sessions]] (R-AL) introduced the Drug [[Sentencing Reform Act]]. This proposal would have raised the amount of crack cocaine necessary for a five-year mandatory minimum from 5 grams to 20 grams and would have lowered the amount of powder cocaine necessary for the same sentence from 500 grams to 400 grams, a 20:1 ratio.<ref name=sentencingproject/> During the [[110th United States Congress]], seven crack cocaine sentencing reform bills were introduced that would have reduced the sentencing disparity between crack and powder cocaine offenses without increasing mandatory sentences.<ref name=sentencingproject/>

In the Senate, [[Orrin Hatch]] (R-UT) sponsored the Fairness in Drug Sentencing Act of 2007 (S. 1685) that would have created a 20:1 ratio by increasing the five-year quantity trigger for mandatory minimum sentences for crack cocaine to 25 grams and leaving the powder cocaine level at 500 grams.<ref name=sentencingproject/><ref name=Hatch>[http://www.govtrack.us/congress/bill.xpd?bill=s110-1685 S. 1685: Fairness in Drug Sentencing Act of 2007], govtrack.us, accessed October 27, 2010.</ref> Former senator, former [[Vice President of the United States]], and 46th U.S. President [[Joe Biden]] sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S. 1711), which would have eliminated the disparity by increasing the amount of crack cocaine required for the imposition of mandatory minimum prison terms to those of powder cocaine.<ref name=sentencingproject/><ref name=Biden>[http://www.govtrack.us/congress/bill.xpd?bill=s110-1711 S. 1711: Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007], govtrack.us, accessed October 27, 2010.</ref>

Both of these bills would have eliminated the five-year mandatory minimum prison term for first-time possession of crack cocaine.<ref name=Hatch/><ref name=Biden/> In the [[United States House of Representatives|House of Representatives]], [[Sheila Jackson Lee]] (D-TX) sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (H.R. 4545), the companion to Biden's proposed bill.<ref name=sentencingproject/><ref>[http://www.govtrack.us/congress/bill.xpd?bill=h110-4545 H.R.4545: Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007], govtrack.us, accessed October 27, 2010.</ref> [[Charles B. Rangel|Charles Rangel]] sponsored the Crack-Cocaine Equitable Sentencing Act of 2007 (H.R. 460), a bill he had been introducing since the mid-1990s that would have equalized cocaine sentencing and eliminated specified mandatory minimum penalties relating to the trafficking in, and possession, importation, or distribution of, crack cocaine.<ref name=sentencingproject/><ref>[http://www.govtrack.us/congress/bill.xpd?bill=h110-460 H.R.460: Crack-Cocaine Equitable Sentencing Act of 2007], govtrack.us, accessed October 27, 2010.</ref>

The [[First Step Act]], passed in December 2018, retroactively applied the Fair Sentencing Act, aiding around 2,600 imprisoned people.<ref>{{cite web|title=Mitch McConnell faces tough choice on criminal justice proposal|url=https://www.cnn.com/2018/12/02/politics/mitch-mcconnell-criminal-justice-plan/index.html|publisher=CNN|date=2 December 2018|author=Rogers, Alex}}</ref>

====Opposition to the Act==== Some members of Congress opposed the Act. [[Lamar S. Smith]] (R-TX), the top-ranking Republican on the [[United States House Committee on the Judiciary]], argued against its passage stating, "I cannot support legislation that might enable the violent and devastating crack cocaine epidemic of the past to become a clear and present danger."<ref>[http://www.votesmart.org/speech_detail.php?sc_id=589007&keyword=&phrase=&contain= "Project Vote Smart-Fair Sentencing Act of 2010"]. Votesmart.og, accessed December 13, 2010.</ref> Specifically, Smith alleged that because "reducing the penalties for crack cocaine could expose our neighborhoods to the same violence and addiction that caused Congress to act in the first place,"<ref name="CNN">[http://articles.cnn.com/2010-07-28/politics/house.drug.penalties_1_cocaine-penalties-powder-cocaine-sentencing-disparity?_s=PM:POLITICS House Passes Bill to Reduce Disparity in Cocaine Penalties] {{Webarchive|url=https://web.archive.org/web/20101201182609/http://articles.cnn.com/2010-07-28/politics/house.drug.penalties_1_cocaine-penalties-powder-cocaine-sentencing-disparity?_s=PM:POLITICS |date=2010-12-01 }}. CNN.com, accessed December 13, 2010.</ref> the bill risked a return to the crack cocaine epidemic that "ravaged our communities, especially minority communities."<ref>[http://thinkprogress.org/2010/07/29/cocaine-drug-sentencing/ Rep. Lamar Smith Says Reducing Racial Disparity In Crack Cocaine Sentencing Hurts Minorities]. thinkprogress.com, accessed December 14, 2010</ref><ref>[http://www.huffingtonpost.com/2010/07/30/lamar-smith-derides-reduc_n_665046.html Lamar Smith Derides Reduction Of Crack-Cocaine Sentencing Disparity As Damaging To Minorities]. huffingtonpost.com, accessed December 13, 2010.</ref> Smith claimed that the severe sentences for crack cocaine were justified by a high correlation between crack cocaine arrests and both violent crime and past criminal history.<ref name="CNN"/>

The [[Fraternal Order of Police]], a national organization of law enforcement officers, also opposed the Act.<ref>[http://www.fop.net/legislative/oppose.shtml Legislation Opposed by the National Fraternal Order of Police] {{webarchive|url=https://web.archive.org/web/20110318015429/http://www.fop.net/legislative/oppose.shtml |date=2011-03-18 }}. Fraternal Order of Police website, accessed December 12, 2010</ref> It argued that because increased violence is associated with the use of crack, especially in urban areas, high penalties for crack-related offenses were justified, relying on U.S. Sentencing Commission statistics showing that 29% of all crack cases from October 1, 2008, through September 30, 2009, involved a weapon, compared to only 16% for powder cocaine. The organization also stated that the enhanced penalties for crack cocaine "have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes."<ref name=Datashow/> The Fair Sentencing Act includes a provision to account for such aggravated cases, allowing penalties to be increased for the use of violence during a drug trafficking offense.<ref name=Datashow/>

The [[National Sheriffs' Association]] (NSA) opposed the bill, stating that "Both crack and powder cocaine are dangerous narcotics and plights on communities throughout the United States. ... NSA would consider supporting legislation that would increase the sentence for powder cocaine, rather than significantly reducing the sentence for crack cocaine."<ref>[http://www.sheriffs.org/userfiles/File/legislative%20issues/2010_NSA_Priorities_(1).pdf#xml=http://pr-dtsearch001.americaneagle.com/service/search.asp?cmd=pdfhits&DocId=12553&Index=F%3a%5cdtSearch%5csheriffs&HitCount=21&hits=10+18+24+26+28+ National Sheriff's Association, 2010 Legislative Priorities]{{Dead link|date=March 2023 |bot=InternetArchiveBot |fix-attempted=yes }}. National Sheriff's Association, January 12, 2010, accessed December 6, 2010</ref>

==Proposal and passage of the bill== [[File:Obama signing the Fair Sentencing Act.jpg|thumb|right|President [[Barack Obama]] at the signing ceremony for the Act.]]

On July 29, 2009, the [[United States House Committee on the Judiciary]] passed proposed legislation, the Fairness in Cocaine Sentencing Act (H.R.3245), a bill sponsored by [[Bobby Scott (U.S. politician)|Bobby Scott]]. Co-sponsored by a group of 62 members of the [[U.S. House of Representatives]], including [[Dennis Kucinich]] and [[Ron Paul]], the bill would have eliminated the sentencing disparity.<ref name=Paulrelease>"Ron Paul's Statement on the Fair Sentencing Act"</ref> The Fair Sentencing Act was introduced as compromise legislation to get bipartisan and unanimous support, amended to merely reduce the 100:1 disparity to 18:1.<ref>{{Cite news|url=http://www.detnews.com/article/20100401/OPINION01/4010336/1008/OPINION01/Change-cocaine--crack-sentencing#ixzz0p0kFOAag|title=Change cocaine, crack sentencing|author=Bill Piper and Jasmine Tyler|date=April 1, 2010|work=[[The Detroit News]]}}</ref>

The Fair Sentencing Act (S. 1789) was authored by [[Assistant Senate Majority Leader]] Dick Durbin (D-IL) and cosponsored by [[United States Senate Committee on the Judiciary|Judiciary Committee]] Chairman [[Patrick Leahy]] (D-VT) and [[ranking member]] [[Jeff Sessions]] (R-AL).<ref name=Durbinrelease/> The bill passed the [[U.S. Senate]] on March 17, 2010, and passed the [[U.S. House of Representatives]] on July 27, 2010,<ref name=famm/> with House [[Majority Whip#United States|Majority Whip]] [[James E. Clyburn]] (D-SC) and [[Bobby Scott (U.S. politician)|Bobby Scott]] (D-VA) as key supporters.<ref name=WashPost/> The bill was then sent to President Obama and signed into law on August 3, 2010.<ref>[http://www.govtrack.us/congress/bill.xpd?bill=s111-1789 S. 1789: Fair Sentencing Act of 2010], govtrack.us, accessed September 29, 2010.</ref>

==Key provisions== The Fair Sentencing Act of 2010 amended the [[Controlled Substances Act]] and the [[Controlled Substances Import and Export Act]] by increasing the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) that would result in mandatory minimum prison terms for trafficking and by increasing monetary penalties for drug trafficking and for importing/exporting controlled substances. The five-year mandatory minimum for first-time possession of crack cocaine was also eliminated,<ref name=billsummary>[http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN01789:@@@D&summ2=4& Bill Summary & Status - 111th Congress (2009–2010) - S.1789 - CRS Summary] {{Webarchive|url=https://web.archive.org/web/20160704223301/http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN01789:@@@D&summ2=4& |date=2016-07-04 }}, thomas.loc.gov, accessed October 10, 2010.</ref> and sentencing may take account of accompanying violence, among other aggravating factors.<ref name=Datashow/>

The bill directed the [[United States Sentencing Commission]] to take four actions: *review and amend its sentencing guidelines to increase sentences for those convicted of committing violent acts in the course a drug trafficking offense; *incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses; *announce all guidelines, policy statements, and amendments required by the act no later than 90 days after its enactment; and *study and report to Congress on the impact of changes in sentencing law under this act.

In addition, the bill requires the [[Comptroller General of the United States|Comptroller General]] to report to Congress with an analysis of the effectiveness of drug court programs under the [[Omnibus Crime Control and Safe Streets Act of 1968]]. This must be done within one year after the enactment of the Fair Sentencing Act.<ref name=billsummary/>

==Impact and reception== The [[Congressional Budget Office]] has estimated that implementing the Fair Sentencing Act of 2010 will reduce the prison population by 1,550 person-years over the time period from 2011 to 2015, creating a monetary savings of $42 million during that period.<ref name=CBOestimate>[http://www.cbo.gov/ftpdocs/114xx/doc11413/s1789.pdf Congressional Budget Office Cost Estimate], cbo.gov, accessed September 30, 2010.</ref> The CBO also estimates that the Act's requirement for the [[Government Accountability Office]] to conduct a report on the effectiveness of a [[United States Department of Justice|Department of Justice]] grant program to treat nonviolent drug offenders would cost less than $500,000 from appropriated funds.<ref name=CBOestimate/>

On October 15, 2010, the U.S. Sentencing Commission voted 6–1 to approve a temporary amendment to federal sentencing guidelines to reflect the changes made by the Fair Sentencing Act.<ref>[https://www.washingtonpost.com/wp-dyn/content/article/2010/10/15/AR2010101505263.html "Crack, powder cocaine sentence guidelines adjusted"]{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}, ''[[The Washington Post]]'', October 15, 2010, accessed October 24, 2010.</ref> The Commission changed the sentencing guidelines to reflect Congress's increasing the amount of crack cocaine that would trigger a five-year mandatory minimum sentence from 5 grams to 28 grams (one ounce) and the amount that would trigger a ten-year mandatory minimum from 50 grams to 280 grams. The amendment also lists aggravating factors to the guidelines, creating harsher sentences for crack cocaine offenses involving violence or bribery of law enforcement officials. The commission made the amendment permanent on June 30, 2011.<ref name=Famm>[http://www.famm.org/FederalSentencing/USSentencingGuidelines/USSentencingGuidelinesUpdates/USSentencingCommissionImplementsCrackLaw.aspx "US Sentencing Commission Implements Crack Law"] {{Webarchive|url=https://web.archive.org/web/20101108145315/http://www.famm.org/FederalSentencing/USSentencingGuidelines/USSentencingGuidelinesUpdates/USSentencingCommissionImplementsCrackLaw.aspx |date=2010-11-08 }}, Families Against Mandatory Minimums, famm.org, accessed October 24, 2010.</ref>

Effective November 1, 2011, the Fair Sentencing Act of 2010 applies retroactively to reduce the sentences of certain offenders already sentenced for federal crack cocaine offenses before the passage of the bill.<ref>{{cite web| url=http://www.drugpolicy.org/news/2011/06/us-sentencing-commission-votes-make-crackpowder-cocaine-sentencing-reforms-retroactive |title=U.S. Sentencing Commission Votes to Make Crack/Powder Cocaine Sentencing Reforms Retroactive |date=30 June 2011|access-date=16 November 2012 |publisher=The Drug Policy Alliance |work=press release }}</ref> However, the nonprofit organization [[Families Against Mandatory Minimums]], a major advocate of the Fair Sentencing Act, has lobbied Congress to make the entire act retroactive.<ref name=famm/> According to [[Gil Kerlikowske]], Director of the [[Office of National Drug Control Policy]], "there is no scientific basis for the disparity and by promoting laws and policies that treat all Americans equally, and by working to amend or end those that do not, we can only increase public confidence in the criminal justice system and help create a safer and healthier nation for us all."<ref name="Congress OKs Fair Sentencing Act">[http://www.upi.com/Top_News/US/2010/07/28/Congress-OKs-Fair-Sentencing-Act/UPI-22641280367802/ "Congress OKs Fair Sentencing Act"]. ''[[United Press International]]'', July 28, 2010, accessed December 5, 2010.</ref>

Progressives argue for elimination of the sentencing disparity altogether and believe that the impact of the bill on racial disparities in drug enforcement may be limited for several reasons. First, while the bill reduces the ratio between crack and powder cocaine sentencing, it does not achieve full parity. Second, the Act does not address the enforcement prerogatives of federal criminal justice agencies: while African-American defendants account for roughly 80% of those arrested for crack-related offenses, public health data has found that two-thirds of crack users are white or Hispanic.<ref>Morris, Antoine. [http://www.civilrights.org/archives/2010/07/1029-sentencing-disparity-vote.html "House Could Consider Legislation This Week to Reduce Crack and Cocaine Sentencing Disparity"] {{Webarchive|url=https://web.archive.org/web/20101215192722/http://www.civilrights.org/archives/2010/07/1029-sentencing-disparity-vote.html |date=2010-12-15 }}, Leadership Conference on Civil Rights, civilrights.org, July 27, 2010, accessed December 14, 2010.</ref> Third, the Act does not reduce sentences for those prosecuted under state law, and state prosecutions account for a vast majority of incarcerations for drug-related offenses.<ref>Kelly, John. [http://www.youthtoday.org/view_article.cfm?article_id=4189 "Congress Passes Law to Reduce Crack/Cocaine Sentencing Disparities"] {{Webarchive|url=https://web.archive.org/web/20101130094220/http://youthtoday.org/view_article.cfm?article_id=4189 |date=2010-11-30 }}. Youth Today, youthtoday.org, July 29, 2010, accessed December 14, 2010.</ref>

==References== {{Reflist|2}}

==External links== *[https://web.archive.org/web/20100524064141/http://www.ussc.gov/crack/EXECSUM.PDF United States Sentencing Commission Special Report to the Congress: Cocaine and Federal Sentencing Policy], February 1995

[[Category:Acts of the 111th United States Congress]] [[Category:Race and crime in the United States]] [[Category:United States federal controlled substances legislation]] [[Category:United States federal criminal legislation]] [[Category:United States sentencing law]]