Title: Equal Enforcement of Cocaine Laws Act
Policy area: Crime and Law Enforcement

Summary:
Equal Enforcement of Cocaine Laws Act
This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.
Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties.
Under the bill, the same threshold quantity of crack cocaine and powder cocaine (e.g., 28 grams) triggers the same statutory criminal penalties.
The change applies to future cases and cases pending on the date of enactment. However, the change does not apply retroactively.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2156 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2156

To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2021

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To eliminate the disparity in sentencing for cocaine offenses, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Enforcement of Cocaine Laws 
Act''.

SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE 
              THE COCAINE INVOLVED IS COCAINE BASE.

    (a) Controlled Substances Act.--Section 401(b)(1) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), in the matter preceding 
                subclause (I), by striking ``5 kilograms'' and 
                inserting ``280 grams'';
                    (B) by striking clause (iii); and
                    (C) by redesignating clauses (iv) through (viii) as 
                clauses (iii) through (vii), respectively; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), in the matter preceding 
                subclause (I), by striking ``500 grams'' and inserting 
                ``28 grams'';
                    (B) by striking clause (iii); and
                    (C) by redesignating clauses (iv) through (viii) as 
                clauses (iii) through (vii), respectively.
    (b) Controlled Substances 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)--
                    (A) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``5 kilograms'' and inserting 
                ``280 grams'';
                    (B) by striking subparagraph (C);
                    (C) by redesignating subparagraphs (D) through (H) 
                as subparagraphs (C) through (G), respectively; and
                    (D) in subparagraph (G), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
            (2) in paragraph (2)--
                    (A) in subparagraph (B), in the matter preceding 
                clause (i), by striking ``500 grams'' and inserting 
                ``28 grams'';
                    (B) by striking subparagraph (C);
                    (C) by redesignating subparagraphs (D) through (H) 
                as subparagraphs (C) through (G), respectively; and
                    (D) in subparagraph (G), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon.
    (c) Applicability to Pending Cases.--This section, and the 
amendments made by this section, shall apply to any sentence imposed 
after the date of enactment of this Act, regardless of when the offense 
was committed.
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