POSITIVE Justice & Civil Liberties 118th Congress

H.R.1062 EQUAL Act

EQUITABLE Act — reduces the sentencing disparity between crack and powder cocaine offenses, which disproportionately impacts Black Americans (118th Congress)

View on Congress.gov

Legal & Constitutional Grounding

USSC data shows 77% of crack defendants are Black; sentencing disparity under 21 USC 841 has documented racially disparate impact.

USSC Quick Facts: Crack Cocaine Trafficking (2023) — 77.1% of crack trafficking offenders are Black vs. 4.3% for powder cocaine, reflecting racially disparate impact of sentencing disparity

21 U.S.C. § 841(b) — current sentencing disparity between crack and powder cocaine
Fair Sentencing Act of 2010 (P.L. 111-220) — reduced but did not eliminate the disparity

EQUAL Act — eliminates crack/powder cocaine sentencing disparity. The sentencing disparity has documented racially discriminatory effects (77.1% of crack defendants are Black, USSC).