EQUAL Act

Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act

This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine.

Currently, different threshold quantities 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 eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties.

The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes resentencing of a defendant who was convicted or sentenced for a crack cocaine offense before the date of enactment.

The EQUAL Act, also known as Bill 118 hr 1062, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to address disparities in sentencing for offenses involving crack cocaine versus powder cocaine.

Currently, there is a significant disparity in the sentencing guidelines for these two forms of cocaine, with offenses involving crack cocaine carrying much harsher penalties than those involving powder cocaine. This has disproportionately affected minority communities, as crack cocaine is more commonly used in these communities.

The EQUAL Act seeks to address this disparity by equalizing the sentencing guidelines for crack cocaine and powder cocaine offenses. This would mean that individuals convicted of offenses involving crack cocaine would no longer face significantly harsher penalties than those convicted of offenses involving powder cocaine. Supporters of the bill argue that this change is necessary to ensure fairness and equity in the criminal justice system. They believe that the current sentencing disparities are unjust and contribute to racial disparities in the criminal justice system. Opponents of the bill may argue that equalizing the sentencing guidelines for crack cocaine and powder cocaine could lead to an increase in drug-related crimes. They may also argue that the current sentencing guidelines are necessary to deter individuals from using and selling crack cocaine. Overall, the EQUAL Act is a significant piece of legislation that aims to address disparities in sentencing for drug offenses. Its passage would represent a step towards a more equitable and fair criminal justice system.