Substance abuse is dangerous and impairs both a person’s health and the safety of a community, which is why the majority of drugs are illegal. Crack cocaine and powder cocaine are drugs that have been banned in the United States. Moreover, the possession of this substance results in the sentencing of at least one year. This paper will discuss the similarities and differences between cocaine and crack cocaine, legal punishment, and changes in sentencing practices.
From a chemical perspective, crack cocaine and powder cocaine are not different. These two are various forms of one narcotic substance, cocaine (England, n.d.). Both are derivatives made from the coca leaves, with different methods of production applied for each.
Crack cocaine has a form of small rocks and is made by boiling powder and baking soda (England, n.d.). The main “crack” refers to the cracking noise that the substance makes during the production process. Powder cocaine is the basis of crack cocaine and is made directly from cocaine leaves (England, n.d.). Therefore, the only difference between powder and crack cocaine is the production method since crack cocaine is a mixture of powder and baking soda. The effect that these substances have on a person’s physical and psychological state are the same.
The sentencing for the different types of cocaine was different, with crack cocaine being a more severe offense. According to England (n.d.), “possessing one gram of crack would receive a sentence 100 times longer than someone possessing one gram of powder cocaine” (para. 1). The significant difference in punishment practices for crack and powder cocaine is not attributed to these substances’ harmful effects. England (n.d.) argues that this is a result of media pressure on the politicians. The media created a myth about crack cocaine being more dangerous, which led to the politicians developing different sentencing practices.
Previously, under the Anti-Drug Abuse Act of 1986, a person who had 5 grams of crack cocaine would be sentenced to five years in prison (England, n.d.). In contrast, to receivehave the same punishment for powder possession, one would have to have 500 grams. However, in 2010 this disparity was resolved through a new law that illuminated most of the differences between crack and powder cocaine punishments. Hence, there was a significant difference between the legal penalties for the possession of the two types of cocaine.
Under the 21 USC § 802 law, powder cocaine is a substance that has some medical utility. This is why it is legal to possess this form of cocaine with a prescription (England, n.d.). However, crack cocaine is not on this list, which is another explanation for stricter punishment for the possession of this substance. The Controlled Substances Act is a legal document that lists all narcotic substances under the United States law, and it includes both forms of cocaine and cocaine leaves (England, n.d.).
Under the United States law, there are variations of punishment severity depending on the amount of illegal substance, the person’s knowledge of having this substance, and its effect, and thor ability to control this substance. Under the 2010 Fair Sentencing Act, the ratio that defined the difference between the grams of crack and powder cocaine was changed from 100:1 to 18:1 (England, n.d.).
Overall, crack, and powder cocaine are two variations of the same narcotic substance. Both are illegal in the United States, but the possession of crack cocaine is perceived as a more severe offense. Previously, a person with 5 grams of crack would be sentenced to 5 years in prison. In contrast, one would have to have 500 grams of crack cocaine to be sentenced to 5 years.
Reference
England, D. C. (n.d.). Crack vs. powder cocaine: One drug, two penalties. Criminal Defence Lawyer. Web.