which are separate, pre-existing crimes in and 
of themselves; 
(C) The negative effects of prenatal expo-
sure to crack cocaine were vastly overstated. 
They are identical to the effects of prenatal ex-
posure to powder cocaine and do not serve as 
a justification for the sentencing disparity be-
tween crack and powder; 
(D) Although Congress in the mid-1980s 
was understandably concerned that the low-cost 
and potency of crack cocaine would fuel an epi-
demic of use by minors, the epidemic of crack 
cocaine use by young people never materialized 
to the extent feared. In fact, in 2005, the rate 
of powder cocaine use among young adults was 
almost 7 times as high as the rate of crack co-
caine use. Furthermore, sentencing data sug-
gest that young people do not play a major role 
in crack cocaine trafficking at the Federal level; 
(E) The current 100:1 penalty structure 
undermines various congressional objectives set 
forth in the Anti-Drug Abuse Act of 1986. 
Data collected by the United States Sentencing 
Commission show that federal resources have 
been targeted at offenders who are subject to 
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the mandatory minimum sentences, which 
sweep in low-level crack cocaine users and deal-
ers. 
(11) In 1988, Congress set a mandatory min-
imum sentence for mere possession of crack cocaine, 
the only controlled substance for which there is a 
mandatory minimum sentence for simple possession 
for a first-time offender. 
(12) Major drug traffickers and kingpins traffic 
in powder, not crack. 
(13) Contrary to Congress’s objective of focus-
ing Federal resources on drug kingpins, the majority 
of Federal powder and crack cocaine offenders are 
those who perform low level functions in the supply 
chain. 
(14) As a result of the low-level drug quantities 
that trigger lengthy mandatory minimum penalties 
for crack cocaine, the concentration of lower level 
Federal offenders is particularly pronounced among 
crack cocaine offenders, more than half of whom 
were street level dealers in 2005. 
(15) The Departments of Justice, Treasury, 
and Homeland Security are the agencies with the 
greatest capacity to investigate, prosecute and dis-
mantle the highest level of drug trafficking organiza-
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tions, but investigations and prosecutions of low- 
level offenders divert Federal personnel and re-
sources from the prosecution of the highest-level 
traffickers, for which such agencies are best suited. 
(16) The unwarranted sentencing disparity not 
only overstates the relative harmfulness of the two 
forms of the drug and diverts Federal resources 
from high-level drug traffickers. It also dispropor-
tionately affects the African-American community. 
According to the United States Sentencing Commis-
sion’s May 2007 Report, 82 percent of Federal 
crack cocaine offenders sentenced in 2006 were Afri-
can-American, while 8 percent were Hispanic and 8 
percent were white. 
(17) Only 13 States have sentencing laws that 
distinguish between powder and crack cocaine. 
SEC. 3. COCAINE SENTENCING DISPARITY ELIMINATION. 
(a) CSA.—Section 401(b)(1) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)) is amended— 
(1) in subparagraph (A)(iii), by striking ‘‘50 
grams’’ and inserting ‘‘5 kilograms’’; and 
(2) in subparagraph (B)(iii), by striking ‘‘5 
grams’’ and inserting ‘‘500 grams.’’ 
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(b) IMPORT AND EXPORT ACT.—Section 1010(b) of 
the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended— 
(1) in paragraph (1)(C), by striking ‘‘50 
grams’’ and inserting ‘‘5 kilograms’’; and 
(2) in paragraph (2)(C), by striking ‘‘5 grams’’ 
and inserting ‘‘500 grams’’. 
SEC. 4. ELIMINATION OF MANDATORY MINIMUM FOR SIM-
PLE POSSESSION. 
Section 404(a) of the Controlled Substances Act (21 
U.S.C. 844(a)) is amended by striking the sentence begin-
ning ‘‘Notwithstanding the preceding sentence,’’. 
SEC. 5. INCREASED EMPHASIS ON CERTAIN AGGRAVATING 
AND MITIGATING FACTORS. 
Pursuant to its authority under section 994 of title 
28, United States Code, the United States Sentencing 
Commission shall review and, if appropriate, amend the 
sentencing guidelines to ensure that the penalties for an 
offense involving trafficking of a controlled substance— 
(1) provide tiered enhancements for the involve-
ment of a dangerous weapon or violence, including, 
if appropriate— 
(A) an enhancement for the use or 
brandishment of a dangerous weapon; 
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(B) an enhancement for the use, or threat-
ened use, of violence; and 
(C) any other enhancement the Commis-
sion considers necessary; 
(2) adequately take into account the culpability 
of the defendant and the role of the defendant in the 
offense, including consideration of whether enhance-
ments should be added, either to the existing en-
hancements for aggravating role or otherwise, that 
take into account aggravating factors associated 
with the offense, including— 
(A) whether the defendant committed the 
offense as part of a pattern of criminal conduct 
engaged in as a livelihood; 
(B) whether the defendant is an organizer 
or leader of drug trafficking activities involving 
5 or more persons; 
(C) whether the defendant maintained an 
establishment for the manufacture or distribu-
tion of the controlled substance; 
(D) whether the defendant distributed a 
controlled substance to an individual under the 
age of 21 years of age or to a pregnant woman; 
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