S. 477 — Fairness in Fentanyl Sentencing Act of 2025

This section decreases the drug quantity thresholds triggering mandatory minimum sentences for trafficking fentanyl (i.e., N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) or its analogues (including scheduled or unscheduled analogues) under the Controlled Substances Act (21 U.S.C. 841(b)(1)). Specifically, (1) in subparagraph (A)(vi), which triggers a 10-year to life minimum, the thresholds decrease to 20 grams (from 400 grams) of fentanyl or 5 grams (from 100 grams) of an analogue; and (2) in subparagraph (B)(vi), which triggers a 5-year to 40-year minimum, the thresholds decrease to 2 grams (from 40 grams) of fentanyl or 0.5 grams (from 10 grams) of an analogue. (Thus, smaller quantities now trigger these penalties.)

This section decreases the quantity thresholds in 21 U.S.C. 960(b)—which establishes mandatory minimum penalties for knowingly importing or exporting specified quantities of controlled substances—to trigger heightened penalties for fentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide) and its analogues, and expands coverage to scheduled or unscheduled analogues. (1) In paragraph (1)(F), which requires a sentence of not less than 10 years and not more than life (or not less than 20 years if death or serious bodily injury results), the thresholds decrease to 20 grams of fentanyl (from 400 grams) or 5 grams of any analogue (from 100 grams). (2) In paragraph (2)(F), which requires a sentence of not less than 5 years and not more than 40 years (or not less than 20 years if death or serious bodily injury results), the thresholds decrease to 2 grams of fentanyl (from 40 grams) or 0.5 grams of any analogue (from 10 grams).

This section directs the United States Sentencing Commission to review and amend, if appropriate, the federal sentencing guidelines and policy statements applicable to offenses involving the manufacture, distribution, or dispensing of controlled substances under 21 U.S.C. 841 or importation/exportation under 21 U.S.C. 960 to ensure consistency with statutory changes made by sections 2 and 3 of this Act. The Commission must promulgate such guidelines or amendments within 120 days of enactment using emergency authority.

This section directs the Postmaster General to increase the number of chemical screening devices (i.e., immunoassay, narcotics field test kits, infrared spectrophotometers, mass spectrometers, nuclear magnetic resonance spectrometers, Raman spectrophotometers, or other scientific instrumentation to detect fentanyl, other synthetic opioids, and other narcotics and psychoactive substances) available to the United States Postal Service (USPS) and dedicate sufficient personnel, including scientists, during all operational hours to interpret data from such devices for interdicting these substances imported through the mail or by express consignment operators or carriers. The section authorizes appropriations of $9 million to the Postmaster General for USPS resources, including chemical screening devices, personnel, and scientists, to prevent, detect, and interdict such unlawful imports.