# Plain Language Summary of the EQUAL Act

The EQUAL Act addresses a significant disparity in how federal drug sentencing laws treat different forms of cocaine. Currently, federal law punishes crack cocaine offenses much more severely than powder cocaine offenses, even though they're chemically the same drug. Someone caught with crack cocaine faces a mandatory minimum sentence five times longer than someone with the same amount of powder cocaine. This bill eliminates that disparity by making the sentencing guidelines the same for both forms of the drug.

This change affects primarily two groups of people. First, it impacts individuals currently serving sentences for crack cocaine offenses—they could potentially have their sentences reduced if a judge decides to redo their sentencing under the new, equal guidelines. Second, it affects anyone charged with crack cocaine offenses going forward, who would face the same sentencing as someone with powder cocaine. The bill also applies retroactively, meaning people already convicted can ask the court to reconsider their punishment based on these new rules.

The practical effect is that federal drug sentencing becomes more consistent and, supporters argue, more fair. The old system has been widely criticized because crack cocaine arrests have historically affected Black communities disproportionately, while powder cocaine arrests have been more common among white communities, even though the drugs are essentially identical. By equalizing the penalties, the bill aims to reduce this racial disparity in the criminal justice system. However, it's important to note this only changes federal sentencing—state laws and local drug charges remain unchanged.

EQUAL Act

Booker, Cory A.

Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties. This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes resentencing of a defendant who was convicted or sentenced for a crack cocaine offense before the date of enactment.