I 111th CONGRESS 1st Session H. R. 2178 IN THE HOUSE OF REPRESENTATIVES April 29, 2009 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.

1.

Short title

This Act may be cited as the Crack-Cocaine Equitable Sentencing Act of 2009.

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).

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.

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).

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.