The penalty structure ranges from 5 to 10 years imprisonment, $2 to $4 million fine, and 4 to 5 years supervised release. This structure has been challenged on constitutional grounds because of nebulous definitions of crack and racial disparities in crack cocaine sentencing. The challenges focus on due process and equal protection considerations and the eighth amendment. Athough there is no indication from case law and legislative history that Congress harbored a discriminatory intent when enacting the Anti-Drug Abuse Act, statistical evidence shows a discriminatory effect in its application. What is needed for crack cocaine offenders is not more incarceration but rather more education and treatment, along with economic opportunity for poor and black residents of inner cities. Mandatory minimum sentences do not deter drug offenses, particularly those committed by young and/or first-time offenders.