As I discussed in an earlier post, the Federal Sentencing Guidelines contain a 100:1 disparity between crack and powder cocaine.  Some courts have used this disparity as grounds for a downward departure. Possession of as little as 5 grams of crack cocaine — the weight of two pennies — results in a mandatory minimum sentence of 5 years, while one would need to possess 500 grams of powder cocaine to trigger the same mandatory minimum.  Congress is now considering the Fair Sentencing Act of 2010.

This legislation would:

1.  reduce the current crack/powder disparity from 100:1 to 18:1;

2.  eliminate a mandatory minimum sentence for simple possession (the threshold for a 5 year mandatory minimum would increase from 5 to 28 grams of crack; and

3. lower sentences of approximately 3,000 people each year and save the   government an estimated $42 million in the first five years.