National Call-In Day to Eliminate Racial Disparity in
Drug Sentencing

On October 15, Sen. Dick Durbin of Illinois introduced Senate Bill 1789, the Fair Sentencing Act of 2009. Meanwhile, Rep. Bobby Scott of Virginia in the House of Representatives is garnering support for the Fairness in Cocaine Sentencing Act, H.R. 3245. These congressmen want to eliminate the disparity that exists in cocaine and crack cocaine sentences with this legislation.

Support the elimination of racial disparity in drug sentencing by calling your legislators on Wednesday, Dec. 2 and encouraging them to cosponsor these bills.

The History:
More than two decades ago, sentences for crack cocaine offenses were heightened with the 1986 Anti-Drug Abuse Act amid a growing drug trade in the United States. Common perception held that crack cocaine was much more dangerous than pure cocaine. Many studies are finding, however, that both forms of the drug have the same pharmacological effect on the body. But the harsh sentences remain: someone possessing five grams of crack cocaine--a diluted and inexpensive version of its powder-form counterpart--receives a five-year mandatory sentence. It takes 100 times as much--500 grams--of powder cocaine to garner that same sentence.

The Problem:
Current sentencing polices place harsher sentences on low-level dealers and users; only two percent of crack cocaine arrestees in 2005 were highly involved in drug trafficking. And these illogical sentencing policies are not only unfair and inconsistent, but they also target people of color. Even though two-thirds of crack cocaine users are white or Latino, the vast majority--80 percent--of crack cocaine arrestees are African American.

The Solution:
Cosponsors of these two bills want to gather more congressional support. On Dec. 2--this Wednesday--we need you to call Oregon's congressmen and tell them to sign on as cosponsors. You'll be joining thousands of other people across the country in urging our legislators to reduce disparate cocaine sentencing.

Talking Points:
For Oregon's representatives: Please support and co-sponsor H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009. (Not sure who your representative is? Visit www.congress.org to find out.)
For Senators Wyden and Merkley: Please support and co-sponsor S. 1789, the Fair Sentencing Act of 2009.

Keep these messages in mind when contacting your congressmen. If passed, these bills will:

• Treat two like drugs the same. Crack cocaine is pharmacologically the same as powder cocaine. Myths about crack cocaine, that have been dispelled since the sentencing law was passed 23 years ago, contributed to these out-of-proportion penalties.
• Counter the perception of unfairness in the criminal justice system. African Americans account for 81.8% of defendants sentenced to federal prison for crack cocaine offenses. Crack cocaine sentences average 37 months longer than sentences for powder cocaine. This disparity has contributed to a damaging perception of race-based unfairness in our criminal justice system.
• Save federal tax dollars and ease prison overcrowding. The Federal Bureau of Prisons estimates it costs $25,895 a year to house each prisoner. According to the U.S. Sentencing Commission, eliminating the sentencing disparity between powder and crack cocaine would reduce the prison population by over 13,000 in 10 years.
• Restore federal law enforcement priorities. When Congress passed the Anti-Drug Abuse Act of 1986 and 1988, the intended targets of mandatory minimums were "serious" and "major" traffickers. In practice, the law failed to live up to its promise. Mandatory penalties for crack cocaine offenses have been applied most often to individuals who are low-level participants in the drug trade, who comprise more than 60% of federal crack defendants.

Call the Capitol switchboard (202-224-3121) and ask to speak with one of your senators or your representative on Wednesday, Dec. 2. When you're connected with a staff person, use the talking points above to tell them we need a fair policy when it comes to crack cocaine sentencing.

For more information, visit www.crackthedisparity.com.

With any questions, e-mail Erika or call 503-335-8449.