Crack Guidelines Update

Update:  For a very thorough review of the crack guidelines changes, see Young Shawn Matlock’s excellent post.  Also, rumor has it that YS will send $1 to every person who leaves a comment.  Make sure you mention that you heard about it here.

The United State Sentencing Commission’s changes in the guidelines, to reduce the sentence for cocaine base (crack) by two levels downard, go into effect today, November 1.  I’ve received numerous inquiries about this change and whether it’s retroactive.

The Commission has produced  an analysis of the impact of retroactivity of these downward changes, but it is not retroactive at this time. 

Finally, it is important to note that while the prior 100:1 ratio for crack versus powdered cocaine was determined to be wrong, it has been reduced to a 50:1 ratio, meaning that 1 gram of crack will get you the same sentence as 50 grams of powered coke.  So is it better than it was?  Well, yes.  Is it equivalent.  Not quite.  Is there a good reason for a 50 to 1 disparity between crack and coke, consider who the respective users may be?  You will have to ask your friendly local United States Sentencing Commissioner to answer that one.


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