Crack penalty cut urged: Compton lawmaker says legal disparity is unfair to blacks, poor.
A California legislator is pushing
to reduce penalties for possessing crack cocaine for sale, saying state
law disproportionately affects African Americans and low-income groups.
Assemblyman Mervyn Dymally, D-Compton, said the criminal justice system
sends a subtle message of racism by imposing harsher sentences for
possessing rock cocaine than powdered cocaine. "Not that I condone the
use of (any form of cocaine). I think it's all bad,' Dymally said. "But
you don't solve a bad problem by making it worse with your policies.'
Crack cocaine, also called rock, is less expensive than powdered
cocaine and often is peddled on streets in low-income neighborhoods.
California sentencing guidelines call for prison terms ranging from
three to five years for possessing crack cocaine for sale, compared
with two to four years for the same crime involving powder cocaine.
Dymally's AB 125 would equalize the penalties by cutting one year off
the minimum and maximum term for possessing crack cocaine. "If science
says that both these substances are cocaine, why would you make the
sentence greater for one over the other?' said Simeon Gant of
Sacramento's Drug Policy Alliance, which is sponsoring AB 125. The
disparity in prison terms applies only to possession of cocaine for
sale, not trafficking, for which the maximum penalty is five years in
prison. [more]