Moran, Marshall have a clear step to take toward a fairer justice system | Commentary

Congress is close to correcting an injustice that has harmed families and damaged community trust in the justice system for decades. As a concerned Kansan, I urge Sens. Jerry Moran and Roger Marshall to co-sponsor the EQUAL Act, ending the disparity in how we punish federal crack and powder cocaine offenses.

I value our lawmakers’ commitment to public safety and proportional punishment. I also know the effects of cycling through the justice system without hope. Growing up in Leavenworth, I was exposed to gang life and enticed by all it promised — respect, security, acceptance. As a young dad, I justified selling drugs because the income helped me support my family.

I went to prison ashamed, addicted and desperate for change. Then, I joined the Prison Fellowship Academy, an intensive program that helped shape me into the person I am today. When I walked free, I embraced new purpose and finally became the devoted father and husband my family deserved. I went on to start a nonprofit, serve as mayor of Leavenworth, and join Prison Fellowship as a regional director.

Before, I was part of the problem in my community. Now, I am part of the solution. I don’t take this second chance for granted, and that’s why I’m raising a voice. The EQUAL Act is an obvious step toward a fairer, more restorative justice system.

Crack and powder cocaine are two forms of the same drug—chemically nearly identical and with similar effects. But for decades, distributing five grams of crack cocaine received the same punishment as distributing 500 grams of powder cocaine. The Fair Sentencing Act of 2010 reduced this policy, but an 18-1 disparity persists.

Sens. Moran and Marshall have been thoughtful supporters of values-driven criminal justice reform, and they must channel their convictions to co-sponsor the EQUAL Act. The legislation has received widespread support from more than 30 House and Senate Republican co-sponsors, the National District Attorneys Association, Major Cities Chiefs Association, and Prison Fellowship. More than 40 states, including Kansas, already treat these drugs the same in sentencing. Every single U.S. representative from Kansas voted for the bill when it passed the House this fall.

Lengthier penalties for crack cocaine offenses have failed Americans from all walks of life and especially impact families in low-income communities and communities of color, where crack cocaine is more likely to be used. In 2019, 81% of federal defendants with crack cocaine convictions were Black.

I see the high costs of drug crime and the need for accountability. I have also seen how disproportionate sentencing erodes community trust in the justice system. When I was incarcerated, I knew how tempting cynicism and despair can be. Without the dignity of a fair sentence, it’s easy to lose hope within those cinder block walls.

Erasing the federal crack cocaine disparity through the EQUAL Act would mean that people are still held accountable, but without an unjust sentence. More proportional punishments mean more hope and dignity — and deeper public trust in our justice system.

It’s time for the punishment to fit the crime. It’s time to build a culture where people are empowered to become responsible neighbors. I urge Sens. Moran and Marshall to seize the opportunity to co-sponsor the EQUAL Act, and to be a part of a long overdue solution.