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Although the U.S. Sentencing Commission’s report initially recommended parity, that did not go far enough, so the committee was left with little choice but to retain the crack-powder disparity for a decision that must strike a balance between a number of competing interests. At issue are the public safety, the justice system’s ability to offer fair and equal treatment, and the criminal justice system’s ability to efficiently and fairly allocate its resources.
Crack is less harmful and addictive than powder cocaine, but it is illegal and receives a harsher sentence because the powder cocaine trade is legal and has powerful and entrenched interests protecting it. In order to arrest and incarcerate more Black men and women, law enforcement agencies have adopted a “zero-tolerance” policy for drugs, leading to a situation where Black men and women are disproportionately and unfairly arrested or charged for drug possession.
We need to get crack-cocaine users out of prison, reform the crack-powder sentencing disparity, and better provide treatment to affected individuals. Those are the only three things that will truly save Black lives.
Six of the 12 estimates favored any crack cocaine usage over non-use by a 4-fold odds ratio (OR) ranging from 2.8 (95% CI, 1.8-4.4) in Latin America to 5.8 (95% CI, 3.6-9.4) in Asia and the Middle East. New York City was an outlier, reporting higher odds of any crack cocaine use (OR, 1.9; 95% CI, 1.1-3.2) than in any other city.
Only one study found a positive association between crack cocaine use and employment, and two did not find any significant association between crack use and employment. Decreased employment is a well-known consequence of crack cocaine use, and its relation to problematic crack use and use disorder is still unclear.
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