Donna Christensen on Drugs Delegate to US House (VI-AL)

End harsher sentencing for crack vs. powder cocaine.

A bill to target cocaine kingpins and address sentencing disparity between crack and powder cocaine.

Sponsor's introductory remarks: Sen. Biden: My bill will eliminate the current 100-to-1 disparity [between sentencing for crack vs. powder cocaine] by increasing the 5-year mandatory minimum threshold quantity for crack cocaine to 500 grams, from 5 grams, and the 10-year threshold quantity to 5,000 grams, from 50 grams, while maintaining the current statutory mandatory minimum threshold quantities for powder cocaine. It will also eliminate the current 5-year mandatory minimum penalty for simple possession of crack cocaine, the only mandatory minimum sentence for simple possession of a drug by a first time offender.

Drug use is a serious problem, and I have long supported strong antidrug legislation. But in addition to being tough, our drug laws should be rational and fair. My bill achieves the right balance. We have talked about the need to address this cocaine sentencing disparity for long enough. It is time to act.

Congressional Summary:

Increases the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for crack cocaine trafficking to eliminate the sentencing disparity between crack and powder cocaine.
• Eliminates the five-year mandatory minimum prison term for first-time possession of crack cocaine.
• Increases monetary penalties for drug trafficking and for the importation and exportation of controlled substances.

Allow rehabilitated drug convicts get student loans.

This bill amends the Higher Education Act of 1965 to repeal the provisions prohibiting persons convicted of drug offenses from receiving student financial assistance.

Distribute sterile syringes to reduce AIDS and hepatitis.

To permit the use of Federal funds for syringe exchange programs for purposes of reducing the transmission of bloodborne pathogens, including HIV and viral hepatitis.

Congress finds as follows:
1. Each year, approximately 12,000 Americans contract HIV/AIDS and approximately 19,000 Americans contract the hepatitis C virus directly or indirectly from sharing contaminated syringes.
2. A 2005 comprehensive international review of the evidence of the effectiveness of syringe exchange programs in preventing HIV transmission shows that such programs reduce HIV transmission and are cost-effective.
3. Research has shown that injection drug users who are referred to addiction treatment from syringe exchange programs are more likely to enter and remain in treatment.
4. Research has shown that, by providing safe disposal of used injection equipment, syringe exchange programs significantly reduce the number of improperly discarded syringes in the community, thereby reducing the exposure of police and others to dangers of blood-borne disease from accidental syringe sticks.
5. Syringe exchange programs reduce the prevalence of HIV among injection drug users.
6. Despite the scientific and public health consensus that syringe exchange programs reduce HIV and do not increase substance abuse, a ban on funding syringe exchange has been enacted as part of each Appropriations Act since 1998.
7. The Public Health Service Act, as added by the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, is subject to a statutory ban on funding needle exchange programs.