Congress enacted a five-year mandatory minimum for possession of more than five grams of crack in 1988. Possession of any quantity of any other drug, including powder cocaine, carries a maximum sentence of one year for a first-time offender.
Drugs are a serious problem, and crack and powder cocaine are dangerous drugs.
Congress established the Sentencing Commission to develop sentencing policies and practices that address congressional concerns, to evaluate policy effectiveness, to refine the sentencing guidelines, and to recommend needed legislation. Crack and powder cocaine are the same drug in different forms. Crack can b made easily out of powder cocaine by mixing the powder with baking soda and water and heating the mixture. The report gives a detailed summary of research on cocaine and cocaine sentencing, including its pharmacology, prevalence of use, health and societal effects, methods of administration, distribution markets, and relation to criminal behavior. The report also includes a short history of the legislative and law enforcement responses to cocaine, an overview of guideline and mandatory minimum sentencing, and a partial list of the legal challenges to crack sentences.