In the last couple of years, the US has seen a big shift in policies and laws that pertain to illegal substances. With the legalization of medical marijuana in several states, and the permissible use of the drug for recreation being allowed in Colorado and Washington, there has been pressure on the government to balance out some the discrepancies found in the sentencing laws of other drugs.

Under the Obama administration there has been massive changes in two laws that affect drug offenders throughout the country.

1. The Fair Sentencing Act

In the 1980’s there was a remarkable increase in the amount of crack cocaine use, as well as a rise in the statistics of violent crime in cities. This prompted the Anti Drug Abuse Act of 1986 (source), which was introduced to create harsher sentencing laws for crack cocaine offenders.

These new laws created extreme differences in the sentencing of crack cocaine offenders and those involved in cocaine powder busts. In what became known as the 100:1 disparity, offenders involved with crack cocaine received the minimum mandatory sentence for 100 times less the amount of drug they were busted with when compared with those caught with cocaine powder.

Reasons Given for Discrepancies

• Crack cocaine is more addictive than cocaine in the powder form
• Violence is associated with crack cocaine
• The drug is cheap and therefore more accessible
• Young people are more likely to use the drug
• It is extremely damaging to unborn babies

However, in 1997 a study showed that the two drugs were equally as addictive, and that powder cocaine was in fact the first drug in the step up to major drug abuse, and the use of crack cocaine. After this study a movement began to start reforming these laws and the sentencing guidelines with regards to the 100:1 disparity.

On August the 3rd 2010, Obama signed the Fair Sentencing Act, which changed the 100:1 ratio to 18:1.

Changes made by the Act are as follows:

• The 5-year minimum mandatory sentence has change from being in possession of 5 grams of crack cocaine, to 28 grams of the drug.
• The amount of crack cocaine needed to engender the 10-year sentence has been increased from 50 grams to 280 grams.
• An increase in sentencing for violent acts taking place in the course of the drug crime.
• Increase in sentencing for those who have bribed law enforcement during their criminal act.

These changes could see the reduction of up to 1,550 prisoner bed years, and save the government 42 million dollars.

2. Reduction in the Sentencing Guideline Levels for all Drug Offenders

With most prisons operating at about 32 % above capacity, there has been stress placed on the government to try and get these numbers down. The BOP (Bureau of Prions) is set to spend up to a third of the Justice Departments quota, and over 50 per cent of all prisoners are there for low-level drug crimes. This resulted in a hard look at the sentencing guidelines for drug offences, and how the government could possibly reduce them.

On the 18th of July 2014, the US Sentencing Commission voted unanimously to lower the suggested sentencing for drug related crimes, and this will be applied retroactively to prisoners already serving time. The proposal will allow approximately 46,000 inmates already in prison to apply for lesser sentences. On average, if successful, the amount taken off time to be served will be about two years. Congress can vote against the idea before November the 1st 2014, if they pose no opposition, releases should start in November 2015.

The proposition plans to make punishment for crimes less severe by upping the amount of narcotics needed to result in a minimum sentence. It is also looking to introduce more community service for first time offenders and compulsory rehabilitation time for addicts in rehab facilities like luxurybeachrehab.com.

Released prisoners will be expected to go through periods of parole, and will be assisted in their reintegration into normal society. Convicts with a previous violent crime record are unlikely to be released.

These two adjustments in drug related crimes come at just the right time, as a sea of change sweeps over the country and more is done to try improve and reform the previously failing justice system in America.

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