American Civil Liberties Union

Drug Policy:
The ACLU Drug Law Reform Project is a division of the national ACLU. Our goal is to end punitive drug policies that cause the widespread violation of constitutional and human rights, as well as unprecedented levels of incarceration.


ACLU Membership Conference

Freedom Files - Season 2
Ideological Exclusion

ACLU NewsfeedsACLU News Feed
ACLU Blog
ACLU Podcasts

Drug Policy : Sentencing and Penalties : Press Releases

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

ACLU Responds to Mukasey’s Remarks on Federal Sentencing Guidelines (01/28/2008)
Washington, DC – The American Civil Liberties Union criticized remarks Attorney General Michael Mukasey made on Friday suggesting he would seek to derail a decision by the U.S. Sentencing Commission to apply recent changes in federal crack cocaine sentencing guidelines retroactively.

ACLU Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder cocaine.

ACLU Joins Representative Jackson-Lee’s Call for Sentencing Fix (12/18/2007)
Washington, DC – The American Civil Liberties Union today joined Representative Sheila Jackson-Lee (D-TX) at a press conference calling for a fix to the unfair federal crack cocaine sentencing policy. The ACLU also urged Congress to support Rep. Jackson-Lee’s recently introduced legislation, H.R. 4545, the “Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.” This bill would eliminate sentencing disparities between crack and powder cocaine as well as the current mandatory minimum for simple possession. In addition, the legislation establishes grants for drug treatment programs, gives the U.S. Sentencing Commission discretion to review sentencing enhancements for crack offenses, and attempts to focus federal resources on major drug dealers.

ACLU Cheers USSC Decision to Apply New Drug Sentencing Guidelines Retroactively (12/11/2007)
Washington, DC – The American Civil Liberties Union today applauded the U.S. Sentencing Commission’s decision to apply recent changes in federal crack cocaine sentencing guidelines retroactively. Thousands of offenders were sentenced under the previous guidelines, which unfairly and erroneously required them to serve more than the mandatory minimum sentence required by law. Thanks to the USSC’s decision, such offenders will now have the opportunity to appear before the court and have their case reviewed by a judge.

Supreme Court Gives Judges Greater Leeway in Drug Sentencing (12/10/2007)
NEW YORK – By a 7-2 vote, the U.S. Supreme Court ruled today in Kimbrough v. United States that it is no longer mandatory for federal judges to adhere to the federal Sentencing Guidelines, which provide for disparate sentences for crack and cocaine offenses. The United States Sentencing Commission has itself rejected the 100:1 disparity as unreasonable.

ACLU Urges USSC to Restore Fairness to Federal Drug Sentencing (11/13/2007)
Washington, DC – On November 1, as a result of corrective action by the United States Sentencing Commission (USSC), the federal sentencing guidelines for crack cocaine were brought back in line with the mandatory minimum statute. The ACLU now urges the USSC to take the additional step of making such changes retroactive, a move that would go a long way toward increasing parity and justice in cocaine sentencing.

ACLU Praises USSC for Change to Federal Drug Sentencing Guidelines (11/01/2007)
Washington, DC – The American Civil Liberties Union today praised the U.S. Sentencing Commission (USSC) for taking action to bring the guideline ranges for crack cocaine federal sentences back in line with the mandatory minimum statute. As a result of the previous guidelines, crack cocaine defendants sentenced to the mandatory minimums often served many more months than required by the law for their offense.

U.S. Supreme Court Weighs 100-to-1 Disparity in Crack/Powder Cocaine Sentencing (10/02/2007)
WASHINGTON - The United States Supreme Court heard arguments today regarding the ability of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity. The American Civil Liberties Union filed a friend-of-the-court brief in the case, Kimbrough v. U.S., arguing that federal judges have discretion under existing law to reject this disparity and issue more lenient sentences than those called for by federal sentencing guidelines for crack offenses.

Coalition Launches Public Education Initiative to Bring Fairness to Crack Cocaine Sentencing (08/09/2007)
WASHINGTON – A coalition of criminal justice advocacy organizations is launching "It's Not Fair. It's Not Working," a national effort to reform the 100-to-1 federal sentencing disparity ratio between crack and powder cocaine which results in excessive mandatory minimum sentences for first-time possession of small amounts of crack cocaine. The initiative will officially launch at the National Association of Black Journalists 32nd Annual Convention August 8-12, 2007 in Las Vegas, Nevada.

ACLU Calls USSC Federal Sentencing Report a Step in the Right Direction (05/15/2007)
Washington, DC - The ACLU today responded to the U.S. Sentencing Commission’s release of its 2007 Report to Congress on Cocaine and Federal Sentencing Policy. Under current law, distribution of just five grams of crack cocaine carries a minimum five-year federal prison sentence; distribution of 500 grams of powder cocaine carries the same sentence. This 100:1 sentencing disparity has devastated African-American and low-income communities, targeting low-level offenders while failing to address the larger problem of the drug trade.

U.S. Sentencing Commission Issues New Recommendations on Federal Sentencing Guidelines (04/28/2007)
Washington - In a public hearing Friday evening, the United States Sentencing Commission voted to amend the Federal Sentencing Guidelines for federal crack cocaine offenses. Distributing just five grams of crack for example, carries a minimum five-year federal prison sentence, while distributing 500 grams of powder cocaine carries the same sentence.

ACLU Testifies Before United States Sentencing Commission for Fair Drug Sentencing Policies (11/14/2006)
WASHINGTON - Jesselyn McCurdy, Legislative Counsel at the ACLU Washington Legislative Office, testified today at a public hearing held by the United States Sentencing Commission (USSC) about the continued unfairness and racial impact of federal drug sentencing policy. Despite repeated recommendations by the USSC, Congress has not addressed a 100-to-1 sentencing disparity between distribution of powder and crack cocaine.

ACLU and Sentencing Experts Again Call for Federal Courts to Uphold Judges’ Right to Reject 100-to-1 Crack/Powder Sentencing Disparity (06/01/2006)
SIOUX CITY, IA – The American Civil Liberties Union and a number of prominent criminal law and sentencing experts filed the fourth in a series of friend-of-the-court briefs today supporting judges’ right to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity imposed by Congress. The case, U.S. v. Spears, is being argued in the Eighth Circuit U.S. Court of Appeals.

ACLU and Sentencing Experts Renew Call for Federal Courts to Uphold Judges’ Right to Reject 100-to-1 Crack/Powder Sentencing Disparity (05/18/2006)
PHILADELPHIA – The American Civil Liberties Union joined a group of renowned criminal law and sentencing experts in filing a friend-of-the-court brief today in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity imposed by Congress. The case, U.S. v. Ricks, is being argued in the Third Circuit U.S. Court of Appeals.

ACLU and Sentencing Experts Urge Federal Court to Uphold Judges’ Right to Reject 100-to-1 Crack/Powder Ratio (01/20/2006)
SAN FRANCISCO – The American Civil Liberties Union joined a group of renowned criminal law and sentencing experts in filing a friend-of-the-court brief today in a case concerning the right of judges to depart from the controversial 100-to-1 crack/powder cocaine sentencing disparity imposed by Congress. The case, U.S. v. Starks, is being argued in the Ninth Circuit U.S. Court of Appeals.

"Girlfriend Problem" Harms Women and Children, Impacted Families Call Mandatory Sentences Unfair and Destructive (06/14/2005)
WASHINGTON -- Several formerly incarcerated women, a child of an incarcerated woman and national experts on sentencing policy - including the American Civil Liberties Union - told lawmakers today about the negative effects of drug sentencing laws have on women and families and urged reform. Under current drug laws, even those with little involvement in drug trafficking operations - often women in relationships with men involved in drug-related activities - are held liable for the entire quantity of drugs charged in connection with the conspiracy.

Drug Policies are Destroying Families, Groups Charge (03/17/2005)
NEW YORK -- The ACLU, Break the Chains: Communities of Color and the War on Drugs, and the Brennan Center for Justice at NYU School of Law today released a report that compiles for the first time existing research on the effects of current drug laws and sentencing policies on women and their families. The report, Caught in the Net: the Impact of Drug Policies on Women & Families, is co-authored by the three organizations and is being launched at a national conference of experts on issues relating to women, families and drugs at NYU School of Law on March 17th and 18th.

Revisions to New York Rockefeller Drug Laws Embrace the Status Quo (12/08/2004)
NEW YORK--The New York Civil Liberties Union today charged that legislation passed in Albany, while reducing the most severe mandatory sentences for drug offenses, leaves in place a sentencing scheme that is inherently unfair and unjust. Even with the proposed revisions, New York still has the harshest drug-sentencing laws in the country.

Click to show/hide issues list
Your Local ACLUcongressional scorecardmultimediaforumspublicationssupport usstorecontact