California’s Cocaine Sentencing Guidelines Revised

San Jose Drug Crime Lawyer And Santa Clara Cocaine Sentencing Attorney

In January, a new statute, previously known as Senate Bill 1010, took effect in the state of California. The new law, which was first introduced by Senator Holly J. Mitchell, D-Los Angeles, aims to eliminate the long-standing disparity between sentencing guidelines for possession, for purposes of sale, of crack cocaine and powder cocaine, with certain objectives in mind.

The Fair Sentencing Act

Prior to the passage of Senate Bill 1010, California was one of 13 states that penalized possession of these two drugs with very different sentencing guidelines. People convicted of selling relatively small amounts of crack cocaine could receive anywhere from four to six years of jail time while those found guilty of possessing powder cocaine for the purpose of sale received the lighter sentence of two to four years.

The new law addressed this discrepancy by significantly reducing the penalty for possession of crack cocaine for sale to a jail term of two to four years, the same guidelines in place for conviction of possession of powder cocaine.

Federal Law

The California law is part of a general move towards nationwide legislation re-evaluating the sentencing guidelines for crack and powder cocaine. President Barack Obama signed a similar law in 2010, which changed the then-current federal policy that an individual arrested with five grams of crack cocaine in their possession would be sentenced to the same term as a person who possessed the much greater amount of 500 grams of powder cocaine.

This piece of legislation was followed by the Smarter Sentencing Act, which is currently still before Congress, and would work to free individuals convicted of drug possession charges that were not retroactively covered by the 2010 law.

Possible Impact

It is hoped that the new law will work to eradicate some of the racial inequality in prison populations, as convictions for crack cocaine possession and sales are higher among minority populations. It is also estimated that the new sentencing guidelines will save the state of California millions of dollars a year.

The new sentencing guidelines imposed by this law will have far-reaching repercussions on potential future offenders as well as those previously convicted for possession of these drugs. If you or someone you know has been charged with possession of a controlled substance, it is essential to retain the services of a dedicated attorney to ensure that your best interests are protected. Please contact skilled San Jose criminal defense attorney Wesley Schroeder today to schedule an appointment. A dedicated criminal defense attorney in your area can examine the specifics of your case, discuss with you your objectives, and help mount a solid defense to ensure your rights are protected throughout the entirety of the criminal process.