California Fair Sentencing Act to Eliminate the Disparities Between Crack and Powder Cocaine Sentencing Passes out of its Final Committee with 12 Votes
Bi-partisan support sends this important bill about justice and fairness to the Assembly floor gaining momentum at every step
SACRAMENTO, CA — Facing its final committee hearing in Assembly Appropriations today, the California Fair Sentencing Act (SB 1010) authored by Sen. Holly Mitchell (D-Los Angeles) won approval in a 12-3 vote today.
Mitchell’s bill will correct the groundless disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and incarceration in California. SB 1010 now moves on to the Assembly floor for its final legislative vote.
“The current disparities in our drug laws amount to institutional racism,” said Lynne Lyman of the Drug Policy Alliance. “The Fair Sentencing Act will take a brick out of the wall of the failed 1980’s drug war era laws that have devastated communities of color, especially Black and Latino men. The time has long come.”
Crack and powder cocaine are two forms of the same drug. Scientific reports, including a major study published in the Journal of the American Medical Association, demonstrate that they have nearly identical effects on the human body. Crack cocaine is a product derived when cocaine powder is processed with an alkali, typically common baking soda. Gram for gram, there is less active drug in crack cocaine than in powder cocaine.
People of color account for over 98 percent of persons sent to California prisons for possession of crack cocaine for sale. From 2005 to 2010, Blacks accounted for 77.4 percent of state prison commitments for crack possession for sale, Latinos accounted for 18.1 percent. Whites accounted for less than 2 percent of all those sent to California prisons in that five year period. Blacks make up 6.6 percent of the population in California; Latinos 38.2 percent, and whites 39.4 percent.
“It’s time to end discriminatory sentencing for cocaine: whether possessed or sold as crack or as powder, it’s the same drug and violators should get the same treatment under the law,” said Senator Mitchell, chair of the Black Legislative Caucus. “Let’s stop demonizing drug-use when committed in communities of color while minimizing consequences for the white-collar version.”
Mitchell’s bill is cosponsored by a dozen civil rights and criminal justice reform organizations across the state. Cosponsors include the Drug Policy Alliance, ACLU of California, A New Way of Life, California State Conference of the NAACP, Californians for Safety and Justice, California Public Defenders Association, California Attorneys for Criminal Justice, Ella Baker Center, Friends Committee on Legislation, National Council for La Raza, and the William C. Velasquez Institute. The California Fair Sentencing Act has garnering over 100 letters of support from across the state and the nation. Significantly, SB 1010 has received support from four sitting district attorneys, Los Angeles DA Jackie Lacey, Santa Clara DA Jeff Rosen, San Francisco DA George Gascón and Santa Barbara DA Joyce Dudley.
Contact: Lynne Lyman (213) 210-1023 or Tommy McDonald (510) 338-8827