Mandatory minimum sentencing policies and cocaine use in the U.S., 1985\u20132013

Lauryn Saxe Walker,Briana Mezuk

doi:10.1186/s12914-018-0182-2

Abstract

BackgroundAs of May 2017, the United States federal government renewed its prioritization for the enforcement of mandatory minimum sentences for illicit drug offenses. While the effect of such policies on racial disparities in incarceration is well-documented, less is known about the extent to which these laws are associated with decreased drug use. This study aims to identify changes in cocaine use associated with mandatory minimum sentencing policies by examining differential sentences for powder and crack cocaine set by the Anti-Drug Abuse Act (ADAA) (100:1) and the Fair Sentencing Act (FSA), which reduced the disparate sentencing to 18:1.MethodsUsing data from National Survey on Drug Use and Health, we examined past-year cocaine use before and after implementation of the ADAA (1985–1990, N = 21,296) and FSA (2009–2013, N = 130,574). We used weighted logistic regressions and Z-tests across models to identify differential change in use between crack and powder cocaine. Prescription drug misuse, or use outside prescribed indication or dose, was modeled as a negative control to identify underlying drug trends not related to sentencing policies.ResultsDespite harsher ADAA penalties for crack compared to powder cocaine, there was no decrease in crack use following implementation of sentencing policies (odds ratio (OR): 0.72, p = 0.13), although both powder cocaine use and misuse of prescription drugs (the negative control) decreased (OR: 0.59, p < 0.01; OR: 0.42, p < 0.01 respectively). Furthermore, there was no change in crack use following the FSA, but powder cocaine use decreased, despite no changes to powder cocaine sentences (OR: 0.81, p = 0.02), suggesting that drug use is driven by factors not associated with sentencing policy.ConclusionsDespite harsher penalties for crack versus powder cocaine, crack use declined less than powder cocaine and even less than drugs not included in sentencing policies. These findings suggest that mandatory minimum sentencing may not be an effective method of deterring cocaine use.

Highlights

As of May 2017, the United States federal government renewed its prioritization for the enforcement of mandatory minimum sentences for illicit drug offenses
Our quasi-experimental study design of examining the imposition, subsequent relaxation, of criminal sentencing penalties allowed for a rigorous assessment of the impact of mandatory minimum sentencing laws on cocaine use in the population
By including prescription tranquilizer/sedative misuse as a negative control, we added an additional layer of control to more precisely identify changes in drug use related to sentencing policies

Summary

Introduction

As of May 2017, the United States federal government renewed its prioritization for the enforcement of mandatory minimum sentences for illicit drug offenses. In addition to media frenzy surrounding the wave of violence and addiction seen as stemming from the new form of cocaine, the widely-publicized death of Len Bias, a Boston Celtics draft pick who died following an overdose in his college dormitory solidified the public outcry for action from public officials [14,15,16]. This event, among others, ignited a political response to the growing epidemic which culminated in the enactment of the Anti-Drug Abuse Act (ADAA) of 1986, setting mandatory minimum sentences for illicit drug offenses

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