Before the Fair Sentencing Act: Mandatory Minimum Sentence for Simple Possession of Crack Cocaine

Mandatory Minimum Sentence for Simple Possession of Crack Cocaine

Before the Fair Sentencing Act, a first-time offender who was convicted of simple possession of crack cocaine faced a mandatory minimum sentence of five years.

Simple possession of illegal drugs is an offense under federal and many states. This offense occurs "when someone carries or makes available a small quantity of an illegal substance for consumption or use, but with no intention of selling or transferring it to another person."

Simple drug possession is a misdemeanor under federal law that offenders may be sentenced to up to one year in prison, a fine of at least $1,000, or both. However, if an offender is convicted of ordinary possession after a previous drug offense has been established, the offender may be charged with a felony ordinary possession offense.