Posted on Fri, May. 13, 2005


Bill seeks equality in cocaine penalties
House panel passes measure to make possession of crack, powder cocaine carry same jail time

Staff Writer

A bill that would equalize prison sentences for possessing crack cocaine or powder cocaine passed a House subcommittee Thursday.

The bill, which passed the Senate last month, is scheduled to go before the House Judiciary Committee Tuesday.

If it passes the House, the bill could end a perception by many that some penalties favor one ethnic group over another.

Currently, a first-time conviction for possessing crack cocaine is a felony. That carries a five-year prison sentence and a $5,000 fine.

By comparison, a first-time conviction for possessing powder cocaine is a misdemeanor and carries a two-year prison sentence and $5,000 fine.

Generally, the use of crack cocaine has been associated with African-Americans. Powder cocaine, which costs more and whose effects last longer, has been linked to Caucasians. Critics have said the disparity in sentencing is unfair.

“That’s discriminatory,” said state NAACP president Lonnie Randolph.

Backers of the bill want to fix that by offering the same sentence for possessing cocaine in any form.

“Cocaine’s cocaine,” said state Sen. Jake Knotts, R-Lexington. “This should release the perceived bias that currently exists ... that the sentencing of it is racially motivated, and it’s not.”

If the bill becomes law, the punishment for those convicted of possessing crack cocaine would be lessened; prison sentences for those convicted of having powder cocaine would stiffen slightly.

A first-time offender would be charged with a misdemeanor, which carries up to three years in prison and a fine of up to $5,000.

The bill, which cleared the House Criminal Laws Subcommittee Thursday, also includes penalties for possession of 12 grams or more of pseudoephedrine, a cold medicine can be cooked to make methamphetamine.

Randolph said he supports the equalized sentences.

“It should be based on the offense, not the color of the offender,” he said.

Kathrine Hudgins, president of the S.C. Criminal Defense Lawyer’s Association, also supports the sentencing proposal. But she said the group rejects increasing prison time.

“It’s not a quick answer to increase penalties,” she said.

Hudgins suggested making more resources available for addressing the addiction problem associated with cocaine use.

She and Randolph agree that more money should go toward treatment programs.

Reach Gonzales at (803) 771-8405 or jgonzales@thestate.com.





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