In his final days in office, President Joe Biden is offering clemency to nearly 2,500 non-violent drug offenders, with a particular emphasis on addressing sentencing disparities related to crack cocaine offenses.
“Today, I am commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses who are serving disproportionately long sentences compared to the sentences they would receive today under current law, policy, and practice,” Biden said in a statement Friday. “Today’s clemency action provides relief for individuals who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes.”
The clemency decision will assist federal inmates convicted of crack cocaine-related crimes, who have faced disproportionately long sentences in comparison to those convicted of powder cocaine offenses, in line with legal reforms designed to address racial disparities.
In 2021, the Biden administration became a strong proponent of reforming the Anti-Drug Abuse Act of 1986, a law enacted by President Ronald Reagan. The harsh drug policy resulted in the imprisonment of thousands of people of color, particularly Black individuals, for decades or life for crack-related offenses, according to the Justice Department.
The law mandated an automatic five-year sentence for possessing just 5 grams of crack cocaine, while 500 grams of powder cocaine carried the same penalty.
Later in December, Biden commuted the sentences of 1,500 individuals who had been under house arrest due to the Covid-19 pandemic. However, this move did not result in any prison releases and did not address the sentencing disparities related to drug offenses, which have been a key priority for criminal justice reform groups.
