[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2456 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2456

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to eliminate certain mandatory minimum penalties 
                  relating to crack cocaine offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

  Mr. Rangel introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to eliminate certain mandatory minimum penalties 
                  relating to crack cocaine offenses.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crack-Cocaine Equitable Sentencing 
Act of 2005''.

SEC. 2. TREATING CRACK AND OTHER FORMS OF COCAINE THE SAME FOR 
              TRAFFICKING PENALTIES.

    (a) Treating 50 Grams of Crack the Same as 50 Grams of Other Forms 
of Cocaine.--Section 401(b)(1)(A) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(A)) is amended by striking clause (iii).
    (b) Treating 5 Grams of Crack the Same as 5 Grams of Other Forms of 
Cocaine.--Section 401(b)(1)(B) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(B)) is amended by striking clause (iii).

SEC. 3. TREATING THE POSSESSION OF CRACK THE SAME AS THE POSSESSION OF 
              OTHER FORMS OF COCAINE.

    Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) 
is amended by striking the sentence that begins ``Notwithstanding the 
preceding sentence''.

SEC. 4. TREATING THE IMPORTATION OF CRACK THE SAME AS THE IMPORTATION 
              OF OTHER FORMS OF COCAINE.

    (a) Treating 50 Grams of Crack the Same as 50 Grams of Other Forms 
of Cocaine.--Section 1010(b)(1) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)(1)) is amended by striking out 
subparagraph (C).
    (b) Treating 5 Grams of Crack the Same as 5 Grams of Other Forms of 
Cocaine.--Section 1010(b)(2) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b)(2)) is amended by striking out 
subparagraph (C).

SEC. 5. SENTENCING COMMISSION TO AMEND GUIDELINES.

    As soon as practicable after the date of the enactment of this Act, 
the United States Sentencing Commission shall promulgate such 
amendments to the Sentencing Guidelines as are necessary to conform 
those Guidelines to the amendments made by this Act.
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