By Sarah N. Lynch / Reuters
President Joe Biden's Justice Department is urging Congress to pass legislation to permanently end the sentencing disparities between crack cocaine and powder, a policy that has led to the disproportionate incarceration of African Americans across the United States.
In written testimony submitted to the Senate Judiciary Committee, the Justice Department lambasted the "unwarranted racial disparities" that have resulted from the differences in how drug offenses involving crack and powder cocaine are treated under current law, and said the misguided policy was "based on misinformation about the pharmacology of cocaine and its effects."
"We believe it is long past time to end the disparity in sentencing policy between federal offenses involving crack cocaine and those involving powder cocaine," the department wrote, noting that as of March 2021, U.S. Sentencing Commission data showed that 87.5 percent of the people serving federal prison time for drug trafficking offenses primarily involving crack cocaine were Black.
The UN human rights system should continue shedding light on the destructive impact of punitive drug laws on the enjoyment of rights, including through incarceration and administrative detention.
The vast majority of police-related deaths concern far-reaching police powers, including in relation to minor drug offences, mental health crises and 'war on drugs' special operations.
When grounded in a health and human rights approach, decriminalisation provides an enabling legal framework that promotes, protects and fulfils the right to health of people who use drugs.
The ‘war on drugs’ was constructed as a solution to concerns related to public health, violence and organised crime; all of which have been worsened by this approach.
