Reps. Sherrill, Jeffries and Bipartisan Coalitions Secures NDAA Amendment to Eliminate Federal Crack and Powder Cocaine Sentencing Disparity

Washington, DC– Representatives Mikie Sherrill (NJ-11), Hakeem Jeffries (NY-8), as well as a bipartisan coalition of representatives successfully secured the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act as an amendment to the House-passed version of the FY2023 National Defense Authorization Act (NDAA). This bipartisan amendment will eliminate the federal crack and powder cocaine sentencing disparity and allow judges to make adjustments for those convicted under the prior sentencing guidelines.

“I am proud that we were able to come together in a bipartisan manner and include the EQUAL Act in this year’s NDAA,” said Representative Mikie Sherrill (NJ-11). “This will once and for all eliminate the unjust federal crack and powder cocaine sentencing disparity, which disproportionately targets communities of color. As a former federal prosecutor, I am committed to working to make our justice system fairer and safer for every American. I want to thank my friends Representative Hakeem Jeffries and Senator Cory Booker for their leadership on this vital issue.”

“The EQUAL Act will help reverse engineer the tragic legacy of the failed war on drugs which has devastated lives, families and communities,” said Representative Hakeem Jeffries (NY-08). “There is no justification for treating powder cocaine differently than crack cocaine offenses. There is no pharmacological difference and no significant chemical difference between crack cocaine and powder cocaine, and they both cause identical effects. I appreciate Rep. Mikie Sherrill’s leadership in getting this important bipartisan legislation included in the FY 2023 NDAA and thank the Members from both sides of the aisle for their overwhelming support.”

“I have long been a champion for eliminating the sentencing disparity between crack and powder cocaine and am pleased that finally we are very close to making it a reality” said Majority Whip James E. Clyburn (SC-6). “The EQUAL Act is a major win for criminal justice reform and a major victory for communities of color that have been disproportionately impacted by this disparity. It is now up to our Senate colleagues to finish the job and ensure this provision of the NDAA makes it to President Biden’s desk for his signature.”

“For years, we have known that harsh drug sentencing disparities between crack and powder cocaine have helped fuel mass incarceration. In 2009, I led the effort in the House to eliminate this disparity in the Fairness in Cocaine Sentencing Act. That effort eventually led to the 2010 passage of the Fair Sentencing Act, which reduced the crack cocaine disparity from 100:1 to 18:1. That was a hard-fought compromise, and the EQUAL Act will finally end all of the disparity. This is an important step toward fixing our criminal justice system and making it more fair, and I am very proud to see it included this year’s NDAA,” said Congressman Bobby Scott (VA-03).

“The crack and powder cocaine sentencing disparity has been an ongoing issue for far too long and the EQUAL Act will make it fair and equitable,” said Representative Don Bacon (NE-2). “I am thankful this Act, which is part of my overall approach to much needed justice reform, was included in this year’s NDAA so we could get it quickly passed.”

“The EQUAL Act will finally eliminate the racist laws that treat crack cocaine and powder cocaine differently,” said Congressman David Trone (MD-6). “The only real difference between these two substances is that one has historically been found in wealthier, white neighborhoods, while the other is more commonly found in Black and Brown communities. I’m glad that we came together across the aisle to remedy this inequity in the NDAA to reform our justice system for the better.”

“Any time there is unequal treatment and disparities in sentencing, it affects everyone. The EQUAL Act is smart criminal justice reform that will reunite families across the country. I am glad to see it advance, and I am hopeful it will finally make it to the President’s desk and be signed into law,” said Congressman Kelly Armstrong (ND- At-large). 

“This bill aims to address decades of incongruent sentencing for drug use, and I look forward to supporting this legislation so we can achieve better outcomes in our communities, particularly our inner city neighborhoods,” said Representative Blake Moore (UT-1).

In 1986, Congress passed the Anti-Drug Abuse Act, which created a disparity between federal penalties for crack cocaine and powder cocaine offenses. The law required the same harsh penalties for the possession of one amount of crack cocaine and 100 times the same amount of powder cocaine. The Fair Sentencing Act of 2010 reduced that disparity from 100:1 to 18:1, and that reform was made retroactive in the First Step Act signed in 2018. Despite this correction, individuals continue to face longer sentences for offenses involving crack cocaine than for offenses involving the same amount of powder cocaine.

​​

Co-sponsors of the bipartisan amendment include Reps. Kelly Armstrong (ND- At-large), Don Bacon (NE-2), Stephanie Bice (OK-5), Brian Fitzpatrick (PA-1), Steve Horsford (NV-4), Blake Moore (UT-1), Guy Reschenthaler (PA-14), Bobby Scott (VA-3), David Trone (MD-6).

# # #