Minnesota Court Says Crack Law Discriminates Against Blacks

Minnesota’s Supreme Court on Friday upheld a ruling that a state law discriminates against blacks by imposing stiffer penalties for possession of crack than for possessing similar amounts of powdered cocaine.

The law is unconstitutional because it violates the equal protection guarantees of the state constitution, the high court said in a 6-1 vote. The decision upholds a ruling by Hennepin County District Judge Pamela Alexander, who dismissed drug charges against five black men in December, 1990.

Justices found little hard evidence to support a distinction between the two substances. Therefore, stricter penalties for possession of crack, which is used primarily by blacks, violates state equal protection provisions, the court said.

The trial court was told that of all people charged in 1988 with possession of cocaine base, 96.6% were black and 79.6% of those charged with possession of powder cocaine were white.

The Supreme Court ruling overturned a 1989 state law that imposed tougher penalties for possession of crack, the hard, pebblelike pieces of highly purified cocaine prepared for smoking.

Hennepin County Atty. Michael Freeman said the decision “will make it harder to put street-level dealers of crack into jail or prison.”

Lawyers involved in the case said the ruling could affect up to 100 pending cases.

Richard Trachy, the assistant public defender who represented one of the defendants, said it is an “open question” whether those convicted under the law can get their convictions reversed.

The law calls for a penalty of up to 20 years in prison for possession of three grams of crack. Possession of an equal amount of cocaine powder carries a penalty of up to five years in prison.