Felony Murder for Deadly Fentanyl Distribution Act of 2025
The Felony Murder for Deadly Fentanyl Distribution Act of 2025 would expand federal murder law to treat certain cases of fentanyl distribution that result in death as felony murder. Specifically, the bill adds fentanyl distribution to the circumstances that can qualify as murder in the first degree, with the potential for either the death penalty or life imprisonment. It also defines what counts as “distributing fentanyl” and ties those definitions to the Controlled Substances Act, including specific weight thresholds (2 grams or more of a mixture containing fentanyl, or 0.5 grams or more of a mixture containing fentanyl analogues) and a requirement that the distributor knew or should have known that fentanyl is present and that death resulted from use of the substance. The goal is to hold individuals who distribute fentanyl accountable when their drugs cause a death, treating such actions with the highest criminal penalties. In short, the bill creates a new federal pathway to seek the most severe penalties (death or life imprisonment) when fentanyl distribution leads to a fatality, expanding the reach of federal murder prosecutions and codifying specific dosage-based thresholds and knowledge requirements for charging.
Key Points
- 1Adds fentanyl distribution that results in death to the circumstances that can be charged as murder in the first degree, expanding §1111 of title 18.
- 2Punishments for “murder in the first degree by distributing fentanyl” include the death penalty or life imprisonment.
- 3Provides definitions for key terms:
- 4- “Controlled substance” and “distribute” are defined consistent with the Controlled Substances Act.
- 5- “Distributing fentanyl” involves distributing a fentanyl-containing substance meeting specified weight thresholds (2 grams or more of a mixture containing fentanyl, or 0.5 grams or more of a mixture containing fentanyl analogues) and resulting in death.
- 6Knowledge requirement: the distributor must know or have reason to know that the substance contains fentanyl.
- 7Scope expansion: the changes apply within the framework of murder statutes and contribute to the federal federalization of deaths caused by fentanyl distribution, including scenarios involving child abuse references in the amended text.