Crack Cocaine Disparities
The Disparities between Crack Cocaine and Powder Cocaine
The Disparities between Crack and Powder Cocaine
Coca is a leafed plant that grows in the eastern slopes of the Andes. Cocaine is the world's most powerful stimulant made naturally. This plant has been used be Indians for at least 5000 years. Traditionally, the leaves of the coca plant have been chewed for social, mystical, medicinal and religious purposes. Columbia is the lead producer of cocaine they supply eighty percent of the world's cocaine (Coca and cocaine). The United States has faced a major problem with the illegal drug and has decided on different sentencing guides for cocaine claiming that crack is more addictive than powder. There is several different ways to …show more content…
produce and cut cocaine, the same is true with the methods it is put into the body and the outcome it will have. The United States has different sentencing guides for the use of cocaine and how it affects the users. Cocaine sulfate is produced by macerating coca leaves along with water that has been acidulated with sulfuric acid. This form of cocaine is a cheap form and is popular in South America. This type of cocaine can be smoked or added to tobacco. Freebase is the base form of cocaine, not the same as the salt form of cocaine hydrochloride. Freebase is insoluble in water and therefore is inhaled, absorption is immediate and the rush is intense. The effects only last for minutes and the user will seek their next high before the first is gone. Freebase cocaine is very dangerous the mixture used for this is ether and is extremely flammable. The powerful contents of this drug cause the user rapid decline of health. Crack cocaine is a less pure variety of freebase cocaine and does not use flammable solvents to produce. It is made by mixing two parts of cocaine hydrochloride with one part of baking soda in about 20ml of water (Coca and cocaine). In The United States crack cocaine is extremely inexpensive and comes in small packages. Crack cocaine is smoked and the rush is more intense than snorting. Insufflation is the most common method of ingestion of powder cocaine. It is absorbed through the mucous membranes lining the sinuses. This typically takes 10 to 15 minutes for the user to feel the full effect of the drug. Tolerance builds rapidly to this form of use and the users will consume more to produce greater effects. Some users will inject the drug into the veins; this provides the shortest amount of time for a high. It is the exhilarating rush that follows the users crave. This can be dangerous due to the toxic effects of the cocaine itself. The risk from infection is also high from the use of contaminated needles. Cocaine has been federally regulated with the passing of the Harrison Act in 1914. The Harrison Act banned non-medical use of cocaine; prohibited its importation; imposed the same criminal penalties for cocaine users that were levied against users of opium, morphine, and heroin (DEA). As a consequence of The Harrison Act cocaine became scarce in the United States and by the 1950's it was no longer considered a problem. Cocaine is a Schedule II drug under the Controlled Substances Act of 1970, meaning that it has high potential for abuse, but can be administered by a doctor for legitimate medical uses (DEA). This Act was prompted by the sudden raise in cocaine use in the 1960's. Powerfully addictive an individual may have difficulty predicting or controlling the extent to which he or she will continue or want to use the drug. Short-term physiological effects of cocaine include constricted blood vessels; dilated pupils; and increased temperature, heart rate, and blood pressure (DEA). The larger amounts used can lead to bizarre, erratic, and violent behavior. Long-term use of cocaine is thought to be primarily a result of its ability to inhibit the reabsorption of dopamine by nerve cells. Dopamine is released as part of the brain's reward system and is either directly or indirectly involved in the addictive properties of cocaine drug abuse. Users will increase their dose to reach the high they desire, as their tolerance to the drug increases so does the amount of cocaine used. Use of cocaine repeatedly and at high doses increases irritability and paranoia. The user can lose touch with reality and experience hallucinations (National Institute on Drug Abuse). The use and production of this highly addictive drug has accounted for numerous problems in the United States. Organized criminal gangs operating on a large scale and dominate the cocaine trade (Cocaine). This makes cocaine highly available in all major countries'. Cocaine is sold to users by the gram or eight ball, 1/8th ounce, price and quality vary depending on supply and demand. Under the Federal Sentencing Guidelines crack cocaine is sentenced different that for powered cocaine. They acknowledged important differences between the two, being that crack is more addictive than powder. The use among juveniles is higher with crack than powder and it is associated with more violence. Crack users are also more likely to have extensive criminal records, compared to other drug users. Crack cocaine dealers seem to use the services of juveniles more to distribute the drug. This sentencing disparity has caused a lot of controversy among officials and other interest groups during the past few years. The current sentencing structure for cocaine became known as the 100-to- 1 quantity ratio; it takes one hundred times more powder cocaine to trigger the same mandatory penalties as crack. With this in mind as it stands a person convicted of selling 500 grams of powder cocaine is subject to the same five-year mandatory minimum sentences as a person selling 5 grams of crack cocaine. This is also the first drug distinguished in the Anti-Drug Abuse Act of 1988 as of having a mandatory minimum for a first offense of simple possession of a controlled substance (Federal Sentencing, 1997). Simple possession without intent to distribute of cocaine is a misdemeanor punishable by no more than one year in prison. This applies to the offender's first offense, after this the penalty goes up. Congress and the Commission have concluded that some drugs have more attended harms than others and those who traffic in more dangerous drugs ought to be sentenced more severely than those who traffic in less dangerous drugs (United States Sentencing Commission, 1997). They hope to use this to discourage the trafficking and to punish those who do more harm to society as a result of these drugs. The Commission realized that both crack cocaine and powder cocaine produce great risks, but crack was found to be more dangerous in nature. Crack cocaine was associated with more systemic crime, which was more violent. Crack cocaine was linked to more gangs, guns serious injury, and death. It is also easier to manufacture and appeals to vulnerable member of society. Crack is cheaper and it is appealing to the most economically disadvantaged. Crack is smoked and this produces more intense physiological and psychotropic effects, thus the users can become easily addicted. Crack cocaine users reported more sex partners, more acts of unprotected sex, and a higher rate of exchange of sex for the drug. Crack users were more likely to contract sexually transmitted diseases compared to powder cocaine users (Federal Cocaine Offenses). There is much controversy over the sentencing guild lines of crack cocaine and powder cocaine. It is just like comparing alcohol beer and whiskey, it is still alcohol and charged the same if you get a DUI. Crack and powder cocaine are coming from the same plant. The use of powder cocaine seems to be used by well to do Americans and crack is targeted by poorer Americans. This causes issues many of the poorer Americans are African Americans and live in inner cities. This punishes African Americans offenders unjustly, so they look like a direct target of this law. Although nothing in the truncated history of cocaine laws suggests the existence of racial discrimination the impact of these laws have seen a account for 88.3 % of federal crack cocaine trafficking convictions to be African Americans in 1993 (lectlaw). In 1997 the number of African Americans in federal prisons was up to 90% (United States Sentencing, 1997). The current structure of this Act results in a perception of unfairness and inconsistency. The Commission acknowledges that there is a high rate of use among blacks and this has been a concern, but this law does not single them out. The disparities do not seem to be the work of the Commission; it is the police and courts that due arresting and the sentencing. You would think they would have harsh penalties for powder cocaine and put more fear in the trafficking of it, because this is how you make crack cocaine. If you shut down the powder form of the drug you can not have the crack form. Waiting for the powder cocaine to be converted into crack seems to point to the racial practice even more with this act. The risk of becoming cocaine-dependent is very high and the characteristics of the users have something to do with the bodies need for the drug. This depends on age of first use, the younger the user the more susceptible they are to becoming addicted. Females are three times more likely to become addicted then their mare counter parts. Race of the users also plays a part in the addiction process, blacks are seven times more likely to become addicted then whites (31). This may help to explain to higher rates of minorities and females in the criminal justice system relating to charges stemming for crack cocaine. The mandatory minim sentences of crack cocaine and powder cocaine does have a special safety valve that the offender can qualify for. The criterion for this exemption depends on the background of the offender. If the offender does not have a very serious criminal history; the offender was not armed or violent; the offense did not result in death or serious injury; the offender was not the lead in the drug trafficking, and the offender did not withhold information from the government. The sentencing Reform Act abolished parole, but a prisoner can receive a reduction of time served for good behavior. The prisoner can also have their time reduced for completing a drug treatment program. They can also be sentence to probation and be supervised for a period of time. The challenges the courts have heard from these sentencing disparities of crack cocaine and powder cocaine have said to be unconstitutional. Defendants have made arguments under the Equal Protection Clause saying that the disparities are discriminatory in nature. The courts have up held their position saying there is not prove of this bias. Despite the fact that the courts have upheld their position on harsher penalties for crack cocaine offenses, some courts do so reluctantly. Appellate judges have criticized the rationality of the sentencing differential impact on the minority population (Federal Cocaine Offenses). Defendants have also argued the Sentencing Guidelines differentiation between crack and powder cocaine constitutes and irrational classification in violation of substantive due process because both substances are the same. The health effects are the same according to the defendants, but the courts are in disagreement of this hold that crack is cheaper and the users can obtain more. This causes ore health problems for the abuser, because the consumption is more plentiful. Defendants have argued their Eight Amendment rights that higher sentencings for crack offenses are as disproportionate to their offense as to constitute cruel and unusual punishment. Congress and the Sentencing Commission impose longer sentences on crack offenders because of the differences it has in the society and the user. Courts have still been challenged on vagueness, because crack and powder cocaine are the same, defendants claim this is unconstitutionally vague. The penalty provisions are not unconstitutionally vague; the defendant chooses that risk when they engage in the use of crack cocaine. The wide spread use of cocaine has triggered the development of treatment programs for this type of drug use. They are researching treatment options for the addicts to help alleviate the severe cravings people in treatment have. There is also twelve-step programs for the addict one being Cocaine Anonymous. There is no quick answer for the treatment of cocaine users or any drug addition for that matter. Cocaine in its various forms is the second most popular illegal recreational drug in the United States and is number one in street value sold each year (Cocaine- Wikipedia). The drug has been put to the test under the federal government and the addicts that use the drug. The Sentencing Commission has reviewed the goals set forth by congress in 1995 to reevaluate the sentencing guidelines of crack cocaine and powder cocaine. They have found that the penalties for simple possession of crack cocaine remain the same. The disparities of this drug will always be a question to many and the government has looked at all sides of the spectrum to make changes where necessary. Cocaine is a powerful stimulant that is highly addictive it directly affects the brain of the user. Cocaine has a long history of abuse in the United States, with crack being the cheap and early obtainable drug on the streets. The effects of the drug appear almost immediately after a dose and disappear within minutes. It can cause major health problems to the central nervous system and even death. The sentencing disparities raise a question about the guidelines being bias in nature favoring rich over poor; black over white and even singling our females.
The Sentencing Commission defends their prostitution along with Congress that laws are not bias or racists.
Crack cocaine is easily made and cheaper to get. Crack cocaine is more damaging to the health and safety of others. Crack cocaine accounts for more crime then powder cocaine. Crack cocaine puts more people in the hospital and is the producer of more violent crimes. There is one point to make here about crack cocaine and powder cocaine if they stop the importation of the powder form there will not be the crack form. This goes to show that maybe powder does cause more trouble than crack to start with. Or you can look at it another way if people would quit using illegal drugs they would be no sentencing disparities to challenge. As long as the Government has to step in to regulate the consumption of the illegal drugs in the United States there will always be someone fighting to say they are unfair in there practices. No one on drugs likes to admit the government may be right that is saying there are wrong in the life style the have chosen to live. So fair or not fair at least the Government has tried to make an effort to stop the drug abuse trend in the United
States.
Reference:
Coca and cocaine Retrieved from the World Wide Web on 1/16/2007, Http://www.cocaine.org
Cocaine and Federal Sentencing Policy, United States Sentencing Commission April 1997 Special Report to Congress: as directed by section two of Public Law 104-38
Cocaine- Wikipedia, the free encyclopedia. Retrieved from the World Wide Web on 2/3/2007.
Http://www.enwikipedia.org/wiki/cocaine
DEA, Drug Information, Cocaine. Retrieved from the World Wide
Web on 1/17/2007. Http://www.usdoj.gov/dea/cocaine.html
Federal Cocaine Offenses: An Analysis of Crack and Powder, Retrieved from the World Wide
Web on 2/4/2007. Http://www.usdoj.gov/olp/cocaine
Federal Sentencing Laws: U.S. Sentencing Commission Testimony 3/19/2002. Retrieved from
the World Wide Web on 1/16/2007. Http://www.drugpolicy.org/library/manatory
Pros & Cons of Federal Sentencing Guidelines for Crack Cocaine. Retrieved from the World
Wide Web on 1/16/2007. Http://www.lectlaw.com/files/leg15.htm
The Disparities between Crack and Powder Cocaine
Coca is a leafed plant that grows in the eastern slopes of the Andes. Cocaine is the world's most powerful stimulant made naturally. This plant has been used be Indians for at least 5000 years. Traditionally, the leaves of the coca plant have been chewed for social, mystical, medicinal and religious purposes. Columbia is the lead producer of cocaine they supply eighty percent of the world's cocaine (Coca and cocaine). The United States has faced a major problem with the illegal drug and has decided on different sentencing guides for cocaine claiming that crack is more addictive than powder. There is several different ways to …show more content…
produce and cut cocaine, the same is true with the methods it is put into the body and the outcome it will have. The United States has different sentencing guides for the use of cocaine and how it affects the users. Cocaine sulfate is produced by macerating coca leaves along with water that has been acidulated with sulfuric acid. This form of cocaine is a cheap form and is popular in South America. This type of cocaine can be smoked or added to tobacco. Freebase is the base form of cocaine, not the same as the salt form of cocaine hydrochloride. Freebase is insoluble in water and therefore is inhaled, absorption is immediate and the rush is intense. The effects only last for minutes and the user will seek their next high before the first is gone. Freebase cocaine is very dangerous the mixture used for this is ether and is extremely flammable. The powerful contents of this drug cause the user rapid decline of health. Crack cocaine is a less pure variety of freebase cocaine and does not use flammable solvents to produce. It is made by mixing two parts of cocaine hydrochloride with one part of baking soda in about 20ml of water (Coca and cocaine). In The United States crack cocaine is extremely inexpensive and comes in small packages. Crack cocaine is smoked and the rush is more intense than snorting. Insufflation is the most common method of ingestion of powder cocaine. It is absorbed through the mucous membranes lining the sinuses. This typically takes 10 to 15 minutes for the user to feel the full effect of the drug. Tolerance builds rapidly to this form of use and the users will consume more to produce greater effects. Some users will inject the drug into the veins; this provides the shortest amount of time for a high. It is the exhilarating rush that follows the users crave. This can be dangerous due to the toxic effects of the cocaine itself. The risk from infection is also high from the use of contaminated needles. Cocaine has been federally regulated with the passing of the Harrison Act in 1914. The Harrison Act banned non-medical use of cocaine; prohibited its importation; imposed the same criminal penalties for cocaine users that were levied against users of opium, morphine, and heroin (DEA). As a consequence of The Harrison Act cocaine became scarce in the United States and by the 1950's it was no longer considered a problem. Cocaine is a Schedule II drug under the Controlled Substances Act of 1970, meaning that it has high potential for abuse, but can be administered by a doctor for legitimate medical uses (DEA). This Act was prompted by the sudden raise in cocaine use in the 1960's. Powerfully addictive an individual may have difficulty predicting or controlling the extent to which he or she will continue or want to use the drug. Short-term physiological effects of cocaine include constricted blood vessels; dilated pupils; and increased temperature, heart rate, and blood pressure (DEA). The larger amounts used can lead to bizarre, erratic, and violent behavior. Long-term use of cocaine is thought to be primarily a result of its ability to inhibit the reabsorption of dopamine by nerve cells. Dopamine is released as part of the brain's reward system and is either directly or indirectly involved in the addictive properties of cocaine drug abuse. Users will increase their dose to reach the high they desire, as their tolerance to the drug increases so does the amount of cocaine used. Use of cocaine repeatedly and at high doses increases irritability and paranoia. The user can lose touch with reality and experience hallucinations (National Institute on Drug Abuse). The use and production of this highly addictive drug has accounted for numerous problems in the United States. Organized criminal gangs operating on a large scale and dominate the cocaine trade (Cocaine). This makes cocaine highly available in all major countries'. Cocaine is sold to users by the gram or eight ball, 1/8th ounce, price and quality vary depending on supply and demand. Under the Federal Sentencing Guidelines crack cocaine is sentenced different that for powered cocaine. They acknowledged important differences between the two, being that crack is more addictive than powder. The use among juveniles is higher with crack than powder and it is associated with more violence. Crack users are also more likely to have extensive criminal records, compared to other drug users. Crack cocaine dealers seem to use the services of juveniles more to distribute the drug. This sentencing disparity has caused a lot of controversy among officials and other interest groups during the past few years. The current sentencing structure for cocaine became known as the 100-to- 1 quantity ratio; it takes one hundred times more powder cocaine to trigger the same mandatory penalties as crack. With this in mind as it stands a person convicted of selling 500 grams of powder cocaine is subject to the same five-year mandatory minimum sentences as a person selling 5 grams of crack cocaine. This is also the first drug distinguished in the Anti-Drug Abuse Act of 1988 as of having a mandatory minimum for a first offense of simple possession of a controlled substance (Federal Sentencing, 1997). Simple possession without intent to distribute of cocaine is a misdemeanor punishable by no more than one year in prison. This applies to the offender's first offense, after this the penalty goes up. Congress and the Commission have concluded that some drugs have more attended harms than others and those who traffic in more dangerous drugs ought to be sentenced more severely than those who traffic in less dangerous drugs (United States Sentencing Commission, 1997). They hope to use this to discourage the trafficking and to punish those who do more harm to society as a result of these drugs. The Commission realized that both crack cocaine and powder cocaine produce great risks, but crack was found to be more dangerous in nature. Crack cocaine was associated with more systemic crime, which was more violent. Crack cocaine was linked to more gangs, guns serious injury, and death. It is also easier to manufacture and appeals to vulnerable member of society. Crack is cheaper and it is appealing to the most economically disadvantaged. Crack is smoked and this produces more intense physiological and psychotropic effects, thus the users can become easily addicted. Crack cocaine users reported more sex partners, more acts of unprotected sex, and a higher rate of exchange of sex for the drug. Crack users were more likely to contract sexually transmitted diseases compared to powder cocaine users (Federal Cocaine Offenses). There is much controversy over the sentencing guild lines of crack cocaine and powder cocaine. It is just like comparing alcohol beer and whiskey, it is still alcohol and charged the same if you get a DUI. Crack and powder cocaine are coming from the same plant. The use of powder cocaine seems to be used by well to do Americans and crack is targeted by poorer Americans. This causes issues many of the poorer Americans are African Americans and live in inner cities. This punishes African Americans offenders unjustly, so they look like a direct target of this law. Although nothing in the truncated history of cocaine laws suggests the existence of racial discrimination the impact of these laws have seen a account for 88.3 % of federal crack cocaine trafficking convictions to be African Americans in 1993 (lectlaw). In 1997 the number of African Americans in federal prisons was up to 90% (United States Sentencing, 1997). The current structure of this Act results in a perception of unfairness and inconsistency. The Commission acknowledges that there is a high rate of use among blacks and this has been a concern, but this law does not single them out. The disparities do not seem to be the work of the Commission; it is the police and courts that due arresting and the sentencing. You would think they would have harsh penalties for powder cocaine and put more fear in the trafficking of it, because this is how you make crack cocaine. If you shut down the powder form of the drug you can not have the crack form. Waiting for the powder cocaine to be converted into crack seems to point to the racial practice even more with this act. The risk of becoming cocaine-dependent is very high and the characteristics of the users have something to do with the bodies need for the drug. This depends on age of first use, the younger the user the more susceptible they are to becoming addicted. Females are three times more likely to become addicted then their mare counter parts. Race of the users also plays a part in the addiction process, blacks are seven times more likely to become addicted then whites (31). This may help to explain to higher rates of minorities and females in the criminal justice system relating to charges stemming for crack cocaine. The mandatory minim sentences of crack cocaine and powder cocaine does have a special safety valve that the offender can qualify for. The criterion for this exemption depends on the background of the offender. If the offender does not have a very serious criminal history; the offender was not armed or violent; the offense did not result in death or serious injury; the offender was not the lead in the drug trafficking, and the offender did not withhold information from the government. The sentencing Reform Act abolished parole, but a prisoner can receive a reduction of time served for good behavior. The prisoner can also have their time reduced for completing a drug treatment program. They can also be sentence to probation and be supervised for a period of time. The challenges the courts have heard from these sentencing disparities of crack cocaine and powder cocaine have said to be unconstitutional. Defendants have made arguments under the Equal Protection Clause saying that the disparities are discriminatory in nature. The courts have up held their position saying there is not prove of this bias. Despite the fact that the courts have upheld their position on harsher penalties for crack cocaine offenses, some courts do so reluctantly. Appellate judges have criticized the rationality of the sentencing differential impact on the minority population (Federal Cocaine Offenses). Defendants have also argued the Sentencing Guidelines differentiation between crack and powder cocaine constitutes and irrational classification in violation of substantive due process because both substances are the same. The health effects are the same according to the defendants, but the courts are in disagreement of this hold that crack is cheaper and the users can obtain more. This causes ore health problems for the abuser, because the consumption is more plentiful. Defendants have argued their Eight Amendment rights that higher sentencings for crack offenses are as disproportionate to their offense as to constitute cruel and unusual punishment. Congress and the Sentencing Commission impose longer sentences on crack offenders because of the differences it has in the society and the user. Courts have still been challenged on vagueness, because crack and powder cocaine are the same, defendants claim this is unconstitutionally vague. The penalty provisions are not unconstitutionally vague; the defendant chooses that risk when they engage in the use of crack cocaine. The wide spread use of cocaine has triggered the development of treatment programs for this type of drug use. They are researching treatment options for the addicts to help alleviate the severe cravings people in treatment have. There is also twelve-step programs for the addict one being Cocaine Anonymous. There is no quick answer for the treatment of cocaine users or any drug addition for that matter. Cocaine in its various forms is the second most popular illegal recreational drug in the United States and is number one in street value sold each year (Cocaine- Wikipedia). The drug has been put to the test under the federal government and the addicts that use the drug. The Sentencing Commission has reviewed the goals set forth by congress in 1995 to reevaluate the sentencing guidelines of crack cocaine and powder cocaine. They have found that the penalties for simple possession of crack cocaine remain the same. The disparities of this drug will always be a question to many and the government has looked at all sides of the spectrum to make changes where necessary. Cocaine is a powerful stimulant that is highly addictive it directly affects the brain of the user. Cocaine has a long history of abuse in the United States, with crack being the cheap and early obtainable drug on the streets. The effects of the drug appear almost immediately after a dose and disappear within minutes. It can cause major health problems to the central nervous system and even death. The sentencing disparities raise a question about the guidelines being bias in nature favoring rich over poor; black over white and even singling our females.
The Sentencing Commission defends their prostitution along with Congress that laws are not bias or racists.
Crack cocaine is easily made and cheaper to get. Crack cocaine is more damaging to the health and safety of others. Crack cocaine accounts for more crime then powder cocaine. Crack cocaine puts more people in the hospital and is the producer of more violent crimes. There is one point to make here about crack cocaine and powder cocaine if they stop the importation of the powder form there will not be the crack form. This goes to show that maybe powder does cause more trouble than crack to start with. Or you can look at it another way if people would quit using illegal drugs they would be no sentencing disparities to challenge. As long as the Government has to step in to regulate the consumption of the illegal drugs in the United States there will always be someone fighting to say they are unfair in there practices. No one on drugs likes to admit the government may be right that is saying there are wrong in the life style the have chosen to live. So fair or not fair at least the Government has tried to make an effort to stop the drug abuse trend in the United
States.
Reference:
Coca and cocaine Retrieved from the World Wide Web on 1/16/2007, Http://www.cocaine.org
Cocaine and Federal Sentencing Policy, United States Sentencing Commission April 1997 Special Report to Congress: as directed by section two of Public Law 104-38
Cocaine- Wikipedia, the free encyclopedia. Retrieved from the World Wide Web on 2/3/2007.
Http://www.enwikipedia.org/wiki/cocaine
DEA, Drug Information, Cocaine. Retrieved from the World Wide
Web on 1/17/2007. Http://www.usdoj.gov/dea/cocaine.html
Federal Cocaine Offenses: An Analysis of Crack and Powder, Retrieved from the World Wide
Web on 2/4/2007. Http://www.usdoj.gov/olp/cocaine
Federal Sentencing Laws: U.S. Sentencing Commission Testimony 3/19/2002. Retrieved from
the World Wide Web on 1/16/2007. Http://www.drugpolicy.org/library/manatory
Pros & Cons of Federal Sentencing Guidelines for Crack Cocaine. Retrieved from the World
Wide Web on 1/16/2007. Http://www.lectlaw.com/files/leg15.htm