Getting Locked up for Drugs; Who gets the worst punishment?

         People from every race use drugs. But lately, when people think of drugs they think of African Americans. The crazy thing about this is the fact that African Americans only make up 12 percent of all the illegal drug use. Now this could be looked at as a minor issue, but the reason African Americans are tied to drugs has to due with the fact that they make up 44 percent of all drug arrests [1]. The main drug that gets the black community into trouble is crack cocaine because they are primarily the ones who use it. Crack cocaine is a drug that brings heavy charges to whoever is in possession of the drug. Crack Cocaine was founded in the 1980s in U.S. inner cities and is a lot cheaper than powdered cocaine. With it being much cheaper than powered cocaine, crack cocaine became the drug of choice for the poor drug users [1].

            When people of color get arrested for drugs, their punishments tend to be more severe than their white counterparts, especially in regards to crack cocaine. If someone is found to have 5 grams of crack on them, then that person will receive a five year minimum sentence. In order to meet that sentence, a person would need to sell 500 grams of powdered cocaine [2]. Before 1986, the average federal drug sentence for African Americans was 11 percent higher than for whites. Once the enactment of federal mandatory minimum sentencing for crack cocaine offenses passed, the average federal drug sentence for African Americans skyrocketed to 49 percent [2]. The racial disparities in drug arrests and convictions have had a devastating effect on families. Of the 1.5 million minor children who had a parent incarcerated in 1999, African American children were nearly nine times more likely to have a parent incarcerated than white children and Latino children were three times more likely to have a parent incarcerated than white children [2].

On the federal level, several convicted crack offenders have argued that the discrepancy between sentences for crack and powder cocaine violates equal protection, or due process, but nearly every appellate court has rejected this argument. Lawmakers have also rejected the assertion that racial discrepancies are unjust [1]. In April 1995 the U.S. Sentencing Commission proposed abandoning the guidelines. Determining that the penalties were too harsh, the seven-member commission voted 4 to 3 to equalize penalties for crack and powder cocaine. Although most black members of Congress supported changing the sentencing guidelines, conservatives argued that crack sentencing had nothing to do with race and that revising the guidelines would allow serious offenders to serve little or no time [1]. The penalties remained intact. As long as the war on drugs remains a priority for domestic policy, prosecution and incarceration for drug crimes will continue on a large scale. The challenge facing legislators, attorneys, and the courts is how to make a system that reduces the effects of drug use on U.S. society, while avoiding excessive punishment of particular societal groups [1].

[1] “Drugs and Narcotics - Crack Cocaine, Race, And The War On Drugs” Accessed on December 4, 2010. <http://law.jrank.org/pages/6299/Drugs-Narcotics-CRACK-COCAINE-RACE-WAR-ON-DRUGS.html>  

[2] “Race and the Drug War” Accessed on December 4, 2010.

http://www.drugpolicy.org/communities/race/