Stacie L. Patterson Law Blog

For years, criminal defense attorneys and civil rights organizations have protested the disparate sentences ordered against federal defendants charged with offenses involving powder cocaine and crack cocaine. In the past, a first conviction for possessing 5 grams of crack resulted in a 5-year sentence. However, defendants found guilty of possessing less than 500 grams of powder cocaine would escape such a harsh penalty. Many argued defendants possessing the two drugs were treated differently because of racial and socioeconomic bias. To them, Congress perceived crack cocaine as a lethal drug used by poor African-Americans, whereas, powder cocaine was more likely to be used by more affluent sectors of our society. However, this month the disparity will be done away with. Defendants found possessing cocaine base and charged in federal court will no longer be sentenced more harshly than those possessing powder cocaine.

Unfortunately, California continues its overly harsh punishment of those convicted of possessing crack cocaine. For instance, an individual who is prosecuted for possessing methamphetamine with the intent to sell it faces a maximum of three years in state prison. (California Health & Safety Code § 11378). Compare that to a defendant who is charged with possessing cocaine base with the intent to sell. If she is not granted probation, she will face a minimum of three years in prison and a maximum of five. (California Health & Safety Code § 11351.5).

There is no rational basis for treating possessors of crack cocaine differently than those who possess methamphetamine. The California legislature should follow the federal government’s lead and eliminate the disparity.

If you are charged with a drug offense, call Stacie L. Patterson (619) 269-8074.