The United States Sentencing Commission (USSC) has voted unanimously to make retroactive its new crack cocaine offense guidelines, allowing judges to hand down reduced sentences in crack cocaine cases.

Under the decision, which becomes effective on March 3, 2008, federal sentencing judges will be allowed to determine whether a crack cocaine offender is eligible for a reduced sentence and how much of a reduction will be granted. Judges will be required to consider the offender’s potential threat to society in deciding on a reduced sentence.

The Commission noted that its action represented on a "partial step" in reducing what it called the "unwarranted sentencing disparity" between powder and crack cocaine defendants.

According to the Families Against Mandatory Minimums advocacy group, the Commission’s decision could affect as many as 19,500 federal prisoners, "almost 2,520 of whom could be eligible for early release in the first year."

Noting that only the U.S. Congress could bring complete fairness to cocaine sentencing, the Commission called on lawmakers to address the current "100-to-1" statutory ratio of converting quantities of power cocaine to crack cocaine currently used in setting sentences .

The U.S. Department of Justice (DOJ) has opposed allowing reduced sentences for crack cocaine offenders, declaring that crack is more dangerous and harmful than powder cocaine. DOJ cites crack's greater potential for abuse and dependency, its ease of accessibility by teens, its association with violent crime, and its contribution to the deterioration of neighborhoods and communities.

Under the revised sentencing guidelines approved by the Sentencing Commission, crack cocaine offenders will still be required to serve mandatory five- or ten-year sentences.

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