President Joe Biden on Friday announced that he is commuting the sentences of almost 2,500 individuals who were convicted of non-violent drug offenses, especially those impacted by sentencing disparities.
In a statement, Biden explained that the individuals whose sentences he has commuted were “serving disproportionately long sentences compared to the sentences they would receive today under current law, policy, and practice” and noted that he has “now issued more individual pardons and commutations than any president in U.S. history.”
The statement continues:
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who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes. As Congress recognized through the Fair Sentencing Act and the First Step Act, it is time that we equalize these sentencing disparities. This action is an important step toward righting historic wrongs, correcting sentencing disparities, and providing deserving individuals the opportunity to return to their families and communities after spending far too much time behind bars. I am proud of my record on clemency and will continue to review additional commutations and pardons.
Today, I'm commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses.
— President Biden (@POTUS) January 17, 2025
This is an important step toward righting historic wrongs and providing deserving individuals the opportunity to return to their communities after far too much time behind bars. pic.twitter.com/q7mtuyWKl2
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The commutations were aimed at addressing unfair sentencing disparities between those convicted for possessing crack and powder cocaine. The disparity comes from the Anti-Drug Abuse Act of 1986, which created a 100:1 ratio between the amount of crack and powder cocaine possession that would trigger mandatory sentences.
This means if one was caught and convicted of possessing only ten grams of crack cocaine, they would get the same penalty as someone convicted of possessing 1,000 grams of powder cocaine. This disparity existed despite a lack of evidence showing that crack is more harmful than powder cocaine.
A report from The Sentencing Project revealed that “Approximately 2/3 of crack users are white or Hispanic, yet the vast majority of persons convicted of possession in federal courts in 1994 were African American.
Defendants convicted of crack possession in 1994 were 84.5% black, 10.3% white, and 5.2% Hispanic. Trafficking offenders were 4.1% white, 88.3% black, and 7.1% Hispanic. Powder cocaine offenders were more racially mixed. Defendants convicted of simple possession of cocaine powder were 58% white, 26.7% black, and 15% Hispanic. The powder trafficking offenders were 32% white, 27.4% black, and 39.3% Hispanic. The result of the combined difference in sentencing laws and racial disparity is that black men and women are serving longer prison sentences than white men and women.
The Fair Sentencing Act of 2010 sought to address these unfair disparities, reducing it from a 100:1 ratio to 18:1. It also eliminated the five-year mandatory minimum sentence for those convicted for simple possession of crack cocaine.
Biden’s announcement comes after he commuted the sentences of 37 of the 40 federal inmates on death row. Last month, he also commuted the sentences of about 1,500 people who were released from federal prison and placed in home confinement during the COVID-19 pandemic.
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