Title: SMART Cocaine Sentencing Act
Policy area: Crime and Law Enforcement

Summary:
Start Making Adjustments and Require Transparency in Cocaine Sentencing Act or the SMART Cocaine Sentencing Act
This bill reduces the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.
Currently, different threshold amounts 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.
This bill reduces the federal sentencing disparity by altering the threshold amounts of crack cocaine and powder cocaine that trigger statutory criminal penalties. Specifically, the bill increases the threshold amounts of crack cocaine (e.g., from 28 to 160 grams) and decreases the threshold amounts of powder cocaine (e.g., from 500 to 400 grams) that trigger statutory criminal penalties.
The changes may apply retroactively, but only if the Department of Justice (DOJ) certifies that the sentence of a defendant should be reduced.
The bill requires DOJ to review and report on various data related to crack cocaine and powder cocaine, including individual dosage amounts, addictiveness, and associated violence.
Additionally, the U.S. Sentencing Commission must report publicly on cocaine offenses and offenders, including trends in cocaine trafficking patterns, price, and use; the interaction of state penalties with federal prosecutorial decisions; and federal case law developments related to federal cocaine sentencing.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4116 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4116

 To establish appropriate penalties for cocaine-related offenses, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2022

    Mr. Grassley (for himself, Mr. Lee, Mr. Wicker, and Mr. Graham) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish appropriate penalties for cocaine-related 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 ``Start Making Adjustments and Require 
Transparency in Cocaine Sentencing Act'' or the ``SMART Cocaine 
Sentencing Act''.

SEC. 2. PENALTIES FOR COCAINE-RELATED OFFENSES.

    (a) In General.--
            (1) Controlled substances act.--Section 401(b)(1) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
                    (A) in subparagraph (A)--
                            (i) in clause (ii), in the matter preceding 
                        subclause (I), by striking ``5 kilograms'' and 
                        inserting ``4 kilograms''; and
                            (ii) in clause (iii), by striking ``280 
                        grams'' and inserting ``1,600 grams''; and
                    (B) in subparagraph (B)--
                            (i) in clause (ii), in the matter preceding 
                        subclause (I), by striking ``500 grams'' and 
                        inserting ``400 grams''; and
                            (ii) in clause (iii), by striking ``28 
                        grams'' and inserting ``160 grams''.
            (2) 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--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), in the matter 
                        preceding clause (i), by striking ``5 
                        kilograms'' and inserting ``4 kilograms'';
                            (ii) in subparagraph (C), by striking ``280 
                        grams'' and inserting ``1,600 grams''; and
                            (iii) in subparagraph (H), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), in the matter 
                        preceding clause (i), by striking ``500 grams'' 
                        and inserting ``400 grams'';
                            (ii) in subparagraph (C), by striking ``28 
                        grams'' and inserting ``160 grams''; and
                            (iii) in subparagraph (H), by striking the 
                        period at the end and inserting a semicolon.
    (b) Attorney General Certification.--
            (1) In general.--For a defendant sentenced before the date 
        of enactment of this Act, the Attorney General shall submit to 
        the court that sentenced the defendant a certification 
        regarding whether, in the opinion of the Attorney General, the 
        sentence of the defendant should be reduced, as if the 
        amendments made by subsection (a) were in effect at the time 
        the offense was committed. In making a certification under this 
        paragraph, the Attorney General shall consider the factors in 
        section 3553(a) of title 18, United States Code.
            (2) Resentencing.--If the Attorney General submits a 
        certification under paragraph (1) indicating that, in the 
        opinion of the Attorney General, the sentence of the defendant 
        should be reduced, as if the amendments made by subsection (a) 
        were in effect at the time the offense was committed, the court 
        that imposed the sentence of the defendant may impose such a 
        reduced sentence.

SEC. 3. FEDERAL RESEARCH.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General, in coordination with the 
Administrator of the Drug Enforcement Administration and the Secretary 
of Health and Human Services, shall review and submit to the Committee 
on the Judiciary and the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on the Judiciary and the 
Committee on Energy and Commerce of the House of Representatives a 
report on--
            (1) the average individual dosage amount of both powder 
        cocaine and cocaine base;
            (2) the lethality of both powder cocaine and cocaine base 
        as measured by individual dosage;
            (3) the impact on lethality that polysubstance use, 
        specifically as to synthetic drugs such as fentanyl and 
        fentanyl-related substances, has on both powder cocaine and 
        cocaine base users;
            (4) the addictiveness of both powder cocaine and cocaine 
        base;
            (5) the violence attributed to or associated with both 
        powder cocaine and cocaine base, which may include but is not 
        limited to, criminal charges, statutory enhancements, criminal 
        history, and recidivism data; and
            (6) the impact on addictiveness that polysubstance use, 
        specifically as to synthetic drugs such as fentanyl and 
        fentanyl-related substances, has on both powder cocaine and 
        cocaine base users.
    (b) Report by United States Sentencing Commission.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the United States Sentencing Commission 
        shall submit to Congress and publicly issue a report regarding 
        cocaine offenses and offenders.
            (2) Contents.--The report under paragraph (1) shall 
        include--
                    (A) an analysis of data available to the Commission 
                on Federal cocaine offenses and offenders;
                    (B) an updated description of the forms of cocaine, 
                methods of use, effects, dependency potential, effects 
                of prenatal exposure, and prevalence of cocaine use;
                    (C) an updated description of trends in cocaine 
                trafficking patterns, price, and use;
                    (D) a review of State sentencing policies and an 
                examination of the interaction of State penalties with 
                Federal prosecutorial decisions;
                    (E) a review of recent Federal case law 
                developments relating to Federal cocaine sentencing; 
                and
                    (F) recommendations to Congress.
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