CIVIC3STATUTE FILE · ENACTED POWER
UNITED STATES · CONGRESS · SENTENCING

ANTI-DRUG ABUSE ACT OF 1986

Five grams of crack, five hundred of powder, the same five years: the 100-to-1 ratio, passed with no hearings.

PUB. L. 99-570 / SIGNED 27 OCT 1986 / 100-TO-1
STATUTE1986ENACTED · U.S.
01 / Verdict · where it standsUS · 1986 · STATUTE
Outcome · enacted; 100-to-1 for 24 years

FIVE GRAMS OR FIVE HUNDRED.

After the death of Len Bias in June 1986, Congress expedited an anti-drug bill with no committee hearings and no committee reports on the version that passed. It set mandatory minimum sentences keyed to drug quantity: five years for 5 grams of crack or 500 grams of powder cocaine, ten years for 50 grams or 5 kilograms. The Sentencing Commission later found that both forms cause identical effects, that the penalties exaggerated crack's relative harm and fell most often on lower-level offenders, and that about 85 percent of federal crack offenders in 2000 were Black.

Race-neutral on its face.S1 ↗
ϟ THE STATUTE IN 20 SECONDS
1WHOPeople sentenced for crack cocaine, against the federal sentencing statute.
2WHATA 100-to-1 quantity ratio between two forms of the same drug, enforced by mandatory minimums.
3WHY IT MATTERSIt set federal drug sentencing for a generation and fell overwhelmingly on Black defendants.
THE FULL STATUTE FILE · the original write-up, checked
WEEKS, NOT MONTHS

In June 1986 Len Bias, a University of Maryland star just chosen by the Boston Celtics, died of a cocaine overdose. Congress expedited an anti-drug bill in the weeks that followed: by the Sentencing Commission's account there were no committee hearings and no Senate or House reports accompanying the bill that ultimately passed. The President signed the Anti-Drug Abuse Act of 1986 on 27 October 1986.

It set mandatory minimum sentences keyed to drug quantity. Five grams of crack or 500 grams of powder cocaine carried a five-year minimum; 50 grams of crack or 5 kilograms of powder carried ten. That is the 100-to-1 ratio. A 1988 law added a five-year minimum for possessing 5 grams of crack, the only federal mandatory minimum for a first offense of simple possession.S1 ↗S2 ↗S3 ↗

WHAT THE COMMISSION FOUND

In 2002 the Sentencing Commission reported that cocaine in any form produces the same physiological and psychotropic effects; that no authoritative legislative history explains the 100-to-1 ratio; that the penalties exaggerated crack's relative harmfulness and applied most often to lower-level offenders, not the serious traffickers Congress described; and that 84.7 percent of federal crack offenders sentenced in fiscal 2000 were Black.

In 2010 the Fair Sentencing Act raised the crack thresholds to 28 and 280 grams, about 18 to 1, for future sentences only. In 2018 the First Step Act let people sentenced earlier ask for reductions. The mandatory-minimum structure stands.S2 ↗S3 ↗S4 ↗

ANTI-DRUG ABUSE ACT OF 1986
ILLUSTRATION · NOT A HISTORICAL IMAGE
♟ CITIZEN LOADOUT · PEOPLE SENTENCED FOR CRACK OFFENSES
⬟
THE COMMISSION'S FINDINGS

Identical effects; exaggerated harm; lower-level offenders.

♜ INSTITUTION LOADOUT · CONGRESS AND FEDERAL PROSECUTORS
♜
THE SCORED ACTOR

Congress and federal prosecutors and the power it used. The people on the citizen side are not scored.

WHAT THIS STATUTE DID NOT DO — Race-neutral on its face. Thresholds cut in 2010; retroactive in 2018. Mandatory minimums themselves remain.
AFTERMATH LEDGER
WhenWhat happened
1988Possession minimum. A five-year minimum for possessing 5 grams of crack: the only such minimum for a first simple-possession offense.S2 ↗
May 2002The Commission reports. The penalties exaggerate crack's harm and fall on lower-level offenders.S2 ↗
3 Aug 2010Fair Sentencing Act. Thresholds raised to 28 and 280 grams.S4 ↗
2018First Step Act §404. The 2010 changes made retroactive.S3 ↗
WHY THIS SITS WHERE IT DOES

The statute that built the 100-to-1 disparity.

THE THROUGH-LINE

ADAA (1986) → the 1988 possession minimum → Fair Sentencing Act (2010) → First Step Act (2018).

83/100

CONSTITUTIONAL GRAVITY

All-time consequence · high. Pointed against the citizen.