Fairness in Fentanyl Sentencing Act of 2025
The Fairness in Fentanyl Sentencing Act of 2025 would, on balance, soften penalties for fentanyl offenses while also strengthening the government’s ability to intercept fentanyl and related substances at the border and in mail shipments. The bill lowers the quantity thresholds that trigger harsher penalties under the Controlled Substances Act and the Controlled Substances Import and Export Act, and it expands coverage to include both scheduled and unscheduled fentanyl analogs. In parallel, it directs the United States Sentencing Commission to quickly adjust federal sentencing guidelines to align with these new thresholds. Finally, the act expands and funds interdiction efforts by the U.S. Postal Service (USPS) to screen mail for fentanyl and other synthetic opioids, with a dedicated budget and personnel to operate screening devices around the clock. In short: penalties for fentanyl offenses would become less severe for many cases, but the government would gain new tools and funding to detect and stop illegal fentanyl shipments, particularly through mail and express carriers, before they reach the United States.
Key Points
- 1Penalty reductions for fentanyl offenses under the Controlled Substances Act
- 2- The thresholds triggering certain penalties for fentanyl and its analogs are dramatically lowered (e.g., 400 replacing to 20; 100 replacing to 5; and similar reductions for other subcategories).
- 3- The bill expands coverage to include both scheduled and unscheduled analogs of fentanyl.
- 4Penalty reductions for fentanyl offenses under the Controlled Substances Import and Export Act
- 5- Similar reductions in quantity triggers for import/export offenses, with the same “scheduled or unscheduled analogue” expansion.
- 6Directive to the U.S. Sentencing Commission
- 7- The Commission must review and, if appropriate, amend guidelines and policy statements related to fentanyl offenses to be consistent with the new thresholds.
- 8- The Commission is given emergency authority to issue these guidelines within 120 days of enactment and to make conforming updates to the federal sentencing guidelines.
- 9Interdiction and screening enhancements for fentanyl and related substances
- 10- The Postmaster General must increase the number of chemical screening devices available to the USPS and ensure sufficient personnel (including scientists) to interpret screening data during all operational hours.
- 11Funding to support interdiction
- 12- The act authorizes $9 million to the Postmaster General to provide resources (screening devices, personnel, and scientists) to prevent, detect, and interdict unlawful importation of fentanyl, other synthetic opioids, and related substances.