California State and Federal Penalties for Selling Cocaine or Crack
If you are convicted of selling or possessing with the intent to sell “crack” cocaine in California, you could face up to five years in jail. The penalty increases to up to nine years in custody if you cross two or more California counties to sell illegal drugs.
However, if you are prosecuted under federal law for selling crack, the consequences are much more severe. Federal sentencing guidelines for distributing crack (”drug trafficking”) authorize penalties ranging from a minimum of 5 to 40 years in prison for trafficking 28 to 279 grams of crack to a minimum of 10 years to life for trafficking more than 279 grams. Fines for trafficking in crack cocaine can reach as high as $10 million for an individual and $20 million for an organization. And that’s for a first offense.
But changes are coming…
Reforming Non-Violent Drug Sentencing Laws
In August, the U.S. Attorney General’s office announced plans to enable non-violent drug offenders to avoid harsh mandatory minimum sentences. The U.S. Sentencing Commission is soon expected to release the findings of a federal sentencing review that could pave the way to lower prison terms for drug offenses.
Recognizing the significant disparity in sentences for crack and powder cocaine offenses, President Obama signed the Fair Sentencing Act in 2010. The law reduced the weight ratio between crack and powder needed to trigger certain federal criminal penalties for drug trafficking from a 100:1 weight ratio to an 18:1 weight ratio. It also eliminated the mandatory minimum 5-year prison sentence for simple possession of crack cocaine.
The Fair Sentencing Act is designed to correct the imbalance, thereby improving the fairness of the U.S. justice system. But it does not apply retroactively. In December, the President granted clemency to eight people convicted of crack cocaine crimes. The President said that “for thousands of inmates, [the law] came too late.”
Each of the eight men and women to whom he granted clemency had already served more than 15 years in prison.
The president said that commuting the sentences was progress toward fixing an “unfair system” which has resulted in thousands of inmates receiving unfair prison terms.
Why Have Federal Penalties for Selling Cocaine Been Changed?
Congress believed that crack cocaine presented a greater danger to public health than powder cocaine when it passed the Anti-Drug Abuse Act of 1986. However, the stricter penalties for crack cocaine offenses resulted in a disproportionately higher number of African Americans being sentenced to longer prison terms than other races, prompting many to believe that the law was racially biased.
Harsh mandatory minimum U.S. sentencing laws for non-violent drug crimes have also resulted in a 500% increase in the number of inmates in federal custody since the so-called “War on Drugs” was declared over three decades ago. As a result, U.S. prisons are dangerously overcrowded. Click here to find out more about how jail overcrowding is impacting sentencing in California counties.
Prior to the Fair Sentencing Act, federal judges often expressed frustration over the lengthy mandatory minimum sentencing laws, but were legally unable to impose a sentence they felt was just.
What Happens Next?
In 2014, the Senate Judiciary Committee will consider broader reform to mandatory minimum sentences in an effort to reduce prison overcrowding. In part, this would be accomplished by authorizing judges to use discretion and sentence below the federally mandated punishment for certain non-violent offenses.
Contact Wallin & Klarich if You are Facing Charges of Selling Cocaine
If you or someone you care about has been charged with a sales-related drug crime, you need to speak to one of our skilled criminal defense attorneys at Wallin & Klarich as soon as possible. Depending on the circumstances of your offense, you can be prosecuted under California or federal law.
Our attorneys at Wallin & Klarich have over 40 years of experience successfully defending thousands of clients arrested on state and federal drug charges. Hiring an attorney from Wallin & Klarich is your best chance to avoid a lengthy jail or prison sentence, steep fines and possible deportation if you are not a U.S. citizen.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our criminal defense attorneys at Wallin & Klarich are available 24 hours a day, 7 days a week to provide you with the very best legal representation. We will do everything we can to help you win your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.