What is the federal crack cocaine sentencing law?

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience. We’ve handled cases others wouldn’t touch, cases that made national headlines. Todd represented Anna Delvey in the trial that became a Netflix series. We handled the Ghislaine Maxwell juror misconduct case. If you’re reading this, you’re probably facing federal crack cocaine charges – or someone you care about is. The sentencing laws are harsh, confusing, and they carry mandatory prison time you can’t avoid without the right legal strategy.

Federal crack cocaine sentencing is governed by 21 U.S.C. § 841, which sets mandatory minimum prison sentences based on drug weight. Right now in 2025, the law treats crack cocaine about 18 times more harshly than powder cocaine – even though they’re chemically nearly identical. That’s down from the original 100-to-1 ratio that existed before 2010, but it’s still a massive disparity that destroys lives.

The sentencing thresholds are what kill you. Under the current statute, 28 grams of crack cocaine triggers a five-year mandatory minimum sentence. 280 grams triggers ten years mandatory. Those aren’t guidelines – those are floors. The judge can’t go below them, no matter what your situation is, no matter if you’re a first-time offender. You hit that weight, you’re doing that time, unless you qualify for the safety valve or provide substantial assistance to prosecutors.

Compare that to powder cocaine, where it takes 500 grams to trigger the same five-year mandatory minimum – and 5 kilograms to trigger the ten-year minimum. The math is brutal. The Fair Sentencing Act of 2010 reduced the crack-to-powder ratio from 100:1 to 18:1, which sounds like progress until you’re the one sitting in federal court watching your life get measured in grams.

This disparity came from the Anti-Drug Abuse Act of 1986, passed during the height of the crack epidemic when Congress believed crack was more dangerous than powder cocaine. Decades of research have shown that’s not true – the drugs are pharmacologically the same – but the sentencing structure remains. And it hits Black defendants hardest. From 2015 to 2023, Black people made up 80% of crack cocaine convictions, while white and Latino defendants made up 6% and 13%.

In 2025, if you’re charged with crack cocaine distribution, the weight of the drugs drives everything. Federal prosecutors calculate the total amount – not just what you had on you when arrested, but what they can prove you distributed over time through cooperating witnesses, surveillance, phone records. We’ve defended cases where the government added up months of alleged hand-to-hand sales to push a defendant over the mandatory minimum threshold.

Prior convictions multiply the damage. One prior serious drug or violent felony, the mandatory minimum jumps to 15 years. Two or more priors means 25 years to life.

There are ways out, but they’re narrow. The safety valve under 18 U.S.C. § 3553(f) lets certain first-time, non-violent offenders avoid mandatory minimums if they meet five specific criteria, including providing all information about the offense to the government. Substantial assistance departures require you to cooperate with prosecutors – meaning you give them information that leads to other prosecutions. That’s dangerous, it’s not always possible, and it puts you at risk.

Federal judges in 2025 can grant variances from the guidelines after United States v. Booker made the guidelines advisory, but they can’t go below statutory mandatory minimums without government cooperation. We’ve had judges tell us privately they think a sentence is too harsh – then impose it anyway because their hands are tied by statute.

Congress has tried to fix this. The EQUAL Act would eliminate the crack-powder disparity entirely and make the change retroactive – it passed the House in 2021 with a 361-66 bipartisan vote but never made it through the Senate. Attorney General Merrick Garland issued a directive instructing federal prosecutors to charge crack offenses as powder cocaine offenses where possible, but that’s policy, not law – it depends on prosecutorial discretion.

If you’re facing federal crack cocaine charges, the first thing we do is challenge the weight. The government has to prove the amount beyond a reasonable doubt at trial, or you have to stipulate to it in a plea agreement. We review lab reports, chain of custody, the methods used to test and weigh the substance. Small differences in weight can mean the difference between a mandatory minimum and a guidelines sentence – or between a five-year minimum and a ten-year minimum.

Second, we assess safety valve eligibility immediately. If you’re a first-time offender without a violent history, without a weapon, and you weren’t a leader or organizer, the safety valve might apply – but only if you fully cooperate with the government about your own conduct. Anything you say can be used against you, and you have to provide truthful information without holding back.

Third, we evaluate whether cooperation makes sense for your situation. Substantial assistance can get you below a mandatory minimum, but it requires giving prosecutors something valuable – usually testimony or information about other targets. That’s not an option if you don’t have information, if cooperating puts you or your family at risk, or if you’re morally opposed to it.

At Spodek Law Group, we handle federal crack cases differently than other firms. We don’t just negotiate a plea and show up for sentencing. We investigate the case like we’re going to trial – because sometimes we do go to trial, especially when the government’s case on weight is weak or when our client is actually innocent. We’ve taken cases other attorneys called unwinnable and gotten acquittals or hung juries or substantial sentence reductions.

Todd Spodek has handled federal drug cases for many, many years, and our team includes former federal prosecutors who know how the government builds these cases. We know the U.S. Attorney’s Offices, we know the judges, we know the probation officers who write the presentence reports. We use that knowledge to get you the best outcome possible under a harsh sentencing regime.

If you’ve been arrested or indicted for crack cocaine distribution, don’t talk to anyone without a lawyer. Federal agents are skilled at getting defendants to admit to quantities or time periods that push them over mandatory minimum thresholds. They’ll tell you cooperation will help – and it might, but only if it’s done strategically with an attorney negotiating the terms.

The federal crack cocaine sentencing law in 2025 is still unjust – it’s better than the 100:1 ratio, but it’s nowhere near fair. Until Congress passes the EQUAL Act or eliminates the disparity entirely, defendants will keep getting sentenced to years in federal prison for amounts that would result in probation if the drugs were powder instead of crack. We can’t change the law from a courtroom, but we can fight like hell to minimize the damage it does to your life. That’s what we do – and we’re available 24/7 to start that fight.