In a landmark decision on Friday, January 17, 2025, U.S. President Joe Biden commuted the sentences of 2,500 non-violent drug offenders, the largest number of pardons and commutations ever issued by a U.S. president.
The move, which addresses disproportionate sentencing, is seen as a critical step toward criminal justice reform.
The commutations were granted in recognition of the outdated and racially disparate penalties tied to crack cocaine offenses. As Biden explained, the sentences were far longer than those that would be imposed today, given the reforms in sentencing laws such as the Fair Sentencing Act of 2010 and the First Step Act of 2018. These laws have worked to reduce the longstanding disparity between crack and powder cocaine sentences, as well as other excessive sentencing enhancements for drug crimes.
Under the Fair Sentencing Act, the sentencing gap between crack and powder cocaine possession was drastically narrowed. Previously, the possession of crack cocaine could result in the same penalty as possessing 100 times that amount in powder cocaine. This Act also eliminated the five-year mandatory minimum sentence for crack cocaine possession. Furthermore, the First Step Act allowed retroactive application of these reforms, enabling individuals previously sentenced for crack cocaine possession to petition for sentence reductions. It also lowered penalties for individuals committing subsequent serious drug offenses, reducing life sentences to 25 years for third-time offenders.
Biden’s clemency actions align with a broader push to reverse the damaging effects of the War on Drugs, a punitive strategy initiated by former President Richard Nixon in the 1970s. This war disproportionately impacted Black and Brown communities, contributing to widespread racial disparities in incarceration rates.
The Sentencing Project’s executive director, Kara Gotsch, applauded the move, acknowledging the positive impact on families and communities that have long suffered from excessively harsh drug sentences.
“Today’s commutations from President Biden are a welcome relief for countless families who have endured punishments for their loved ones that far exceed their utility,” Gotsch said. “American communities, disproportionately Black and Brown, have long borne the scars of the Drug War.”
The American Civil Liberties Union (ACLU) also expressed support for Biden’s decision, while calling attention to remaining issues in drug sentencing laws. Despite significant changes, the disparity between crack and powder cocaine offenses still persists at an 18:1 ratio. The ACLU stressed the urgent need for Congress to pass the bipartisan EQUAL Act, which would fully eliminate the crack-powder sentencing disparity.
Biden’s historic commutation underscores the ongoing efforts to rectify the harm caused by the War on Drugs and signals a continued commitment to criminal justice reform.
