The Violent Crime and Law Enforcement Act of 1994

acknowledgment. Which further led to the implementation of sentencing guidelines in
reference to drug use as well as sales consisting of opiates primarily (heroin and
morphine), but also to include marijuana. The sentencing guidelines outlined applied to
the use and sales of drugs. However, during this time discretionary sentencing was
actively practiced. Therefore, the individuals who were guilty of utilizing such drugs vs.
the sale of such use typically resulted in different sentences. Mandatory sentencing and
increased punishment were enacted when the United States Congress passed the
Boggs Act of 1951. The acts made a first time cannabis possession offense a minimum
of two to ten years with a fine up to $20,000; however, in 1970, the United States
Congress repealed mandatory penalties for cannabis offenses. With the passage of
the Anti-Drug Abuse Act of 1986 Congress enacted different mandatory minimum
sentences for drugs, including marijuana.
1st Offense: 2–5 years.
2nd Offense: 5–10 years.
The Anti-Drug Abuse Act of 1986 is the one act known for shaping America. The
implementations of this act has had many profound affects in the legal system, as we
know it today. This act led to a Drug Free initiative regarding an individual’s
employment, a Drug Free work place and certification requirements for employers, and
a Drug Free environment for those who receive government benefits regarding lowincome
recipients and their housing. This act further addresses interventions regarding
illegal sales of imports, the ability to overtake ones assets, if an individual is found guilty
of distribution. The act also implemented the first laws surrounding money laundering,
which also led to the exposure of professional dealers and further identifies the crisis we
are faced with today in reference to "The War on Drugs" we still combat today. Those
found guilty of distribution were sentenced as outlined.
5g. of Crack vs. 500 g. of Powder Cocaine resulted in a minim sentencing of 5
years.
50 g. of Crack vs. 5,000 g. of Powder Cocaine resulted in a minim sentencing of
10 years.
50 g. of Powder Cocaine imported resulted in No Mandatory Sentence
Separate from each state's own courts, federal courts in the United States are guided by
the Federal Sentencing Guidelines. (See War on Drugs for more information about US
drug laws.) When a guideline sentencing range is less than the statutory mandatory
minimum, the latter prevails. Under the Controlled Substances Act, prosecutors have
great power to influence a defendant's sentence and thereby create incentives to accept
a plea agreement. In particular, defendants with prior drug felonies are often subject to
harsh mandatory minimums, but the prosecutor can exercise his discretion to not file a
prior felony information. Then the mandatory minimum will not be applied.
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