Fairness in Fentanyl Sentencing Act of 2025
This bill modifies the drug quantity thresholds that trigger a mandatory minimum prison term for a defendant who manufactures, distributes, imports, exports, or possesses with intent to distribute fentanyl.
Specifically, the bill reduces from 400 to 20 grams the fentanyl quantity and from 100 to 5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for high-level first-time or repeat offenders. It also reduces from 40 to 2 grams the fentanyl quantity and from 10 to 0.5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders.
Additionally, the bill directs the U.S. Postal Service to increase the availability of chemical screening devices and dedicate the appropriate number of personnel to interdict fentanyl and other substances that are unlawfully imported into the United States.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 477 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 477
To amend the Controlled Substances Act and the Controlled Substances
Import and Export Act to modify the offenses relating to fentanyl, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6 (legislative day, February 5), 2025
Mr. Kennedy (for himself, Mr. Cruz, Mr. Graham, Mrs. Britt, and Mr.
Justice) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act and the Controlled Substances
Import and Export Act to modify the offenses relating to fentanyl, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Fentanyl Sentencing Act
of 2025''.
SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS.
Section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) is amended--
(1) in subparagraph (A)(vi)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled''
before ``analogue of''; and
(2) in subparagraph (B)(vi)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled''
before ``analogue of''.
SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS.
Section 1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(F)--
(A) by striking ``400'' and inserting ``20'';
(B) by striking ``100'' and inserting ``5''; and
(C) by inserting ``scheduled or unscheduled''
before ``analogue of''; and
(2) in paragraph (2)(F)--
(A) by striking ``40'' and inserting ``2'';
(B) by striking ``10'' and inserting ``0.5''; and
(C) by inserting ``scheduled or unscheduled''
before ``analogue of''.
SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Definition.--In this section, the term ``Commission'' means the
United States Sentencing Commission.
(b) Directive to the United States Sentencing Commission.--Pursuant
to the authority of the Commission under section 994(p) of title 28,
United States Code, and in accordance with this section, the Commission
shall review and amend, if appropriate, the guidelines and policy
statements of the Commission applicable to a person convicted of an
offense under section 401 of the Controlled Substances Act (21 U.S.C.
841) or section 1010 of the Controlled Substances Import and Export Act
(21 U.S.C. 960) to ensure that the guidelines and policy statements are
consistent with the amendments made by sections 2 and 3 of this Act.
(c) Emergency Authority.--The Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER
NARCOTICS AND PSYCHOACTIVE SUBSTANCES.
(a) Definitions.--In this section--
(1) the term ``chemical screening device'' means an
immunoassay, narcotics field test kit, infrared
spectrophotometer, mass spectrometer, nuclear magnetic
resonance spectrometer, Raman spectrophotometer, or other
scientific instrumentation able to collect data that can be
interpreted to determine the presence of fentanyl, other
synthetic opioids, and other narcotics and psychoactive
substances;
(2) the term ``express consignment operator or carrier''
has the meaning given the term in section 128.1 of title 19,
Code of Federal Regulations, or any successor thereto; and
(3) the term ``Postmaster General'' means the Postmaster
General of the United States Postal Service.
(b) Interdiction of Fentanyl, Other Synthetic Opioids, and Other
Narcotics and Psychoactive Substances.--
(1) Chemical screening devices.--The Postmaster General
shall--
(A) increase the number of chemical screening
devices that are available to the United States Postal
Service; and
(B) make additional chemical screening devices
available to the United States Postal Service as the
Postmaster General determines are necessary to
interdict fentanyl, other synthetic opioids, and other
narcotics and psychoactive substances that are
illegally imported into the United States, including
such substances that are imported through the mail or
by an express consignment operator or carrier.
(2) Personnel to interpret data.--The Postmaster General
shall dedicate the appropriate number of personnel of the
United States Postal Service, including scientists, so that
those personnel are available during all operational hours to
interpret data collected by chemical screening devices.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Postmaster General $9,000,000 to ensure that the
United States Postal Service has resources, including chemical
screening devices, personnel, and scientists, available during all
operational hours to prevent, detect, and interdict the unlawful
importation of fentanyl, other synthetic opioids, and other narcotics
and psychoactive substances.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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