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Editorial

Bad Science and Bad Policy

The federal law that mandates harsher prison terms for people arrested with crack cocaine than for those caught with cocaine powder is scientifically and morally indefensible. Bills to end the disparity are pending in both the House and Senate. Democrats who worry about being pegged as “soft on crime” will have to find their backbones and push the legislation through.

Congress passed the law during the crack hysteria of the 1980s when it was widely and wrongly believed that crack — cocaine cooked in baking soda — was more addictive and led to more drug violence than the chemically identical powdered form. These myths were soon disproved. But by then, Congress had locked the courts into a policy under which minority drug addicts arrested with small amounts of crack were being sent to prison for far longer terms than white drug users caught with a satchel full of powder.

The United States Sentencing Commission, which sets guidelines for the federal courts, found several years ago that more than 80 percent of those imprisoned for crack offenses were black.

The tough sentencing guidelines also drive drug policy in the wrong direction — imprisoning addicts for years when they could be more cheaply and effectively treated in community-based programs. An analysis by Senator Richard Durbin, a Democrat of Illinois, estimates that ending the sentencing disparity could save the country more than a half-a-billion dollars in prison costs over the next 15 years.

In the House, a bill that ends the disparity has been voted out of committee but has yet to go to the floor. The Senate bill is having trouble attracting support, including from Democrats. It is time to finally put aside crack myths and hysteria. This isn’t a question of being soft on crime. It is an issue of fairness and sound public policy.

A version of this article appears in print on  , Section A, Page 30 of the New York edition with the headline: Bad Science and Bad Policy. Order Reprints | Today’s Paper | Subscribe

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