When Congress passed the Fair Sentencing Act earlier this year, minimum sentences for offenses involving crack cocaine were brought much closer to those involving powder cocaine. Before the Act, offenses involving crack cocaine were punished nearly 100 times tougher than those involving powder cocaine. The change in federal minimum sentences could affect more than 150 cases in Middle Georgia.

Across the United States, as many as 12,000 people could be affected by the sentencing change. The Middle District of Georgia is home to about 30 federal prisoners, sentenced for some offense involving crack cocaine, that would be eligible for immediate release based on retroactive application of the Fair Sentencing Act. The change took effect Tuesday, November 1; the FBI reported that about 500 inmates were immediately released from federal prisons across the United States.

One of the problems with the disparity in federal sentencing for powder cocaine offenses versus crack cocaine offenses is that it often resulted in longer sentences for minorities who were more likely to use the cheaper crack form rather than the more expensive powder form of cocaine. Although drug offenses are generally not considered, on their own, to be violent crimes, sentences for crack cocaine offenses often were the same as, or exceeded, those for violent crime convictions. One Georgia woman was sentenced to 27 years for a crack cocaine-related offense.

Georgia Drug Crimes Versus Federal Drug Crimes

Both the state of Georgia and the United States have outlawed possession, manufacture, sale or distribution of specific controlled substances, including marijuana, methamphetamine, heroin, cocaine and other drugs. If the Georgia State Police or local police are conducting the investigation, it is likely that a Georgia criminal drug charge or charges are involved. On the other hand, if the FBI, or other federal agency, is conducting the investigation, it is likely that a federal criminal drug charge is pending and any case will be heard in federal court. A Georgia criminal defense attorney can explain whether criminal drug charges you are facing are federal or state charges.

Source: Georgia Public Broadcasting, "Crack Cocaine Case Review May Free Inmates," 1 November 2011