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Wednesday, February 13, 2008

For the second year in a row, the California legislature has failed to correct a racially discriminatory sentencing disparity in state law. Assembly Bill 337, authored by Assemblymember Mervyn Dymally (D – Compton), was introduced last year to equalize sentences for crack and powder cocaine convictions in California, but ran aground in the Assembly Committee of Public Safety.

The original bill would have lowered the sentence for possession of crack cocaine for sale, reducing it from three-to-five years in the severely overcrowded state prison to two-to-four years—the same as the sentence for powder cocaine for sale.

Crack cocaine and powder cocaine are different forms of the same drug, and have similar effects on the brain and nervous system, so stiffer sentences for crack offenses do not make sense. Not only that, but the disparity disproportionately affects black communities, because the majority of people arrested for crack cocaine offenses are black–even though the majority of people who use crack cocaine are white. 

Assemblymember Dymally’s sensible bill to end such a blatantly discriminatory policy was blocked last year by opponents who argued that the powder cocaine sentence should be increased.  

The bill was amended in January of this year in a last-ditch effort to equalize the sentences, but the amendments would have raised powder cocaine sentences in addition to lowering crack sentences. 

DPA has been a leader in California to address the state’s disparate crack / powder sentencing laws, but took a neutral stance on the bill after it was amended because of the increase in the powder cocaine sentences.  Assemblymember Dymally has since withdrawn the measure.

Curtis Notsinneh, who heads DPA’s legislative efforts in California, said, “I am sorry the legislature is letting this disparity continue for another year. But I hope that during the next session, we will have the opportunity to promote a bill that corrects this racist policy—without increasing sentences in the process.”

In the meantime, DPA will continue to advocate for sensible sentencing policy in California.

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