Further controversy surrounding the 100:1 ratio was a result of its description by some as being racially biased and contributing to a disproportionate number of African Americans being sentenced for crack cocaine offenses.

The Act has been described as improving the fairness of the federal criminal justice system, and prominent politicians and non-profit organizations have called for further reforms, such as making the law retroactive and complete elimination of the disparity (i.e., enacting a 1:1 sentencing ratio).

The study explored other reasons why crack is viewed as more addictive and theorized, "a more accurate interpretation of existing evidence is that already abuse-prone cocaine users are most likely to move toward a more efficient mode of ingestion as they escalate their use.

[8] The Los Angeles Times commented, "There was never any scientific basis for the disparity, just panic as the crack epidemic swept the nation's cities.

"[6][9][12] In 2002, the United States Sentencing Commission "found that the ratio was created based upon a misperception of the dangers of crack cocaine, which had since been proven to have a less drastic effect than previously thought.

Sentencing Commission also released a statement saying that "perceived improper racial disparity fosters disrespect for and lack of confidence in the criminal justice system.

Senator Dick Durbin, "The sentencing disparity between crack and powder cocaine has contributed to the imprisonment of African Americans at six times the rate of Whites and to the United States' position as the world's leader in incarcerations.

In 2002, the Commission again called for reducing sentencing disparities in its Report to Congress based on extensive research and testimony by medical and scientific professionals, federal and local law enforcement officials, criminal justice practitioners, academics, and civil rights organizations.

[16][17] In the House of Representatives, Sheila Jackson Lee (D-TX) sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (H.R.

Sentencing Commission statistics showing that 29% of all crack cases from October 1, 2008, through September 30, 2009, involved a weapon, compared to only 16% for powder cocaine.

"[4] The Fair Sentencing Act includes a provision to account for such aggravated cases, allowing penalties to be increased for the use of violence during a drug trafficking offense.

"[26] On July 29, 2009, the United States House Committee on the Judiciary passed proposed legislation, the Fairness in Cocaine Sentencing Act (H.R.3245), a bill sponsored by Bobby Scott.

Co-sponsored by a group of 62 members of the U.S. House of Representatives, including Dennis Kucinich and Ron Paul, the bill would have eliminated the sentencing disparity.

[28] The Fair Sentencing Act (S. 1789) was authored by Assistant Senate Majority Leader Dick Durbin (D-IL) and cosponsored by Judiciary Committee Chairman Patrick Leahy (D-VT) and ranking member Jeff Sessions (R-AL).

The five-year mandatory minimum for first-time possession of crack cocaine was also eliminated,[30] and sentencing may take account of accompanying violence, among other aggravating factors.

[31] The CBO also estimates that the Act's requirement for the Government Accountability Office to conduct a report on the effectiveness of a Department of Justice grant program to treat nonviolent drug offenders would cost less than $500,000 from appropriated funds.

The amendment also lists aggravating factors to the guidelines, creating harsher sentences for crack cocaine offenses involving violence or bribery of law enforcement officials.

Second, the Act does not address the enforcement prerogatives of federal criminal justice agencies: while African-American defendants account for roughly 80% of those arrested for crack-related offenses, public health data has found that two-thirds of crack users are white or Hispanic.