Delegate Gardner, presenting HB 1955 to the House Criminal Law Subcommittee on Jan. 17, asked members to pass legislation that would eliminate the sentencing disparity between crack and powder cocaine.

Gardner said Virginia’s statutory scheme imposes the same five‑year mandatory minimum for an offense involving 500 grams of powder cocaine and 250 grams of crack cocaine, and a 20‑year mandatory minimum for 5 kilograms of powder and 2.5 kilograms of crack. “Crack cocaine and powder cocaine are two forms of the same drug, and there is no scientific basis for treating them differently under the law,” Gardner told the committee.

The bill’s proponents argued the disparity produces inequity and harms public trust in the criminal‑justice system. Gardner noted that most other states — and the federal government — have moved to eliminate the differential. Several stakeholders spoke in support. Brian Haskins, identified in testimony as the Commonwealth Attorney for Pennsylvania County, said VACA supports the bill. Chaita Innes, a legislative strategist with Prison Fellowship, Rob Poblenklasse (executive director, per testimony, of a criminal‑justice organization), Dominic Martin of New Virginia Majority, and advocates from FAM, the Humanization Project, and Progress Virginia also spoke in favor.

Proponents cited experience after the federal reduction of the crack/powder disparity, saying recidivism for people whose sentences were reduced did not increase. Gardner asked the subcommittee to report the bill.

After a motion, the clerk opened the roll. The committee recommended reporting HB 1955 by a unanimous vote, 8 to 0.

HB 1955 will move forward in the process with the subcommittee’s recommendation to report.

Ending: The subcommittee’s recommendation does not itself change current law; it forwards the bill for further consideration by the full committee and subsequent legislative steps.