HR 3065119th CongressIn Committee

Felony Murder for Deadly Fentanyl Distribution Act of 2025

Introduced: Apr 29, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill, titled the Felony Murder for Deadly Fentanyl Distribution Act of 2025, would make the federal distribution of fentanyl that results in a death punishable as first-degree murder. It amends 18 U.S.C. 1111 to add a new pathway: if a person distribution fentanyl and the act leads to a death, that person can be charged with murder in the first degree and punished by either death or life imprisonment. The bill also provides detailed definitions to determine what counts as “distributing fentanyl” (including specific quantity thresholds and the requirement that the substance contains fentanyl or an analogue) and clarifies that the terms “controlled substance,” “distribute,” and “distributor” follow the definitions in the Controlled Substances Act (21 U.S.C. 802). Introduced in the 119th Congress on April 29, 2025, by Rep. Tony Gonzales (with Rep. Crenshaw and Rep. Gimenez listed as co-sponsors), the measure targets deadly fentanyl distribution at the federal level and creates a direct link between drug distribution and the most severe punishment available under federal law.

Key Points

1Creates a new felony murder pathway: If someone is guilty of murder in the first degree by distributing fentanyl, they may be punished by death or life imprisonment.
2Specific thresholds for what counts as “distributing fentanyl”:
3- 2 grams or more of a mixture/substance containing fentanyl, or
4- 0.5 grams or more of a mixture/substance containing any fentanyl analogue (a chemically related substance).
5Death resulting from use is required: The distribution must result in death to trigger these penalties.
6Knowledge requirement: The distributor must know or have reason to know that the mixture contains fentanyl or a fentanyl analogue.
7Definitions aligned with the CSA: The bill uses CSA terms for “controlled substance,” “distribute,” and “distributor,” tying federal penalties to established drug-law terminology.
8Scope of change: Applies to federal prosecutions by amending 18 U.S.C. 1111 to include fentanyl distribution within the murder framework.

Impact Areas

Primary affected groups/areas:- Individuals who distribute fentanyl in federal cases, particularly those involved in large quantities or who know the substance contains fentanyl or analogues.- Federal prosecutors and law enforcement handling fentanyl-related death cases, who would have a new charge (first-degree murder) with possible death or life imprisonment sentences.Secondary affected groups/areas:- Victims’ families and communities affected by fentanyl-related deaths, who may see stronger penalties for distributors.- Public defense, civil liberties organizations, and criminal-justice reform advocates who may raise concerns about the use of the death penalty for drug distribution and issues of proportionality and due process.Additional impacts:- Potential deterrence effect on lethal fentanyl distribution, alongside possible concerns about over-criminalization, prosecutorial discretion, and how the death penalty is applied in drug cases.- Interaction with state laws: states may have different approaches to drug distribution and death-penalty cases; federal law changes could influence state prosecutions or create parallel incentives for charging decisions.

Generated by gpt-5-nano on Nov 19, 2025