To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased penalties for cocaine offenses where the cocaine involved is cocaine base, to eliminate minimum mandatory penalties for offenses involving cocaine, to use the resulting savings to provide drug treatment and diversion programs for cocaine users, and for other purposes.

Fairness in Cocaine Sentencing Act of 2008 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate: (1) increased and mandatory minimum penalties for drug offenses involving mixtures or substances which contain cocaine base (i.e., crack cocaine); and (2) restrictions on judicial authority to grant probation or suspended sentences for certain...