Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB878

Introduced
3/21/23  

Caption

Fairness in Fentanyl Sentencing Act of 2023

Impact

The legislative adjustments outlined in SB878 would have a significant impact on federal drug laws by potentially leading to lighter sentences for certain offenses related to fentanyl possession and distribution. This could facilitate a more nuanced approach to handling opioid-related cases, where individuals may be treated with a focus on rehabilitation rather than strictly punitive measures. More stringent measures for larger trafficking operations may remain, but the bill marks an attempt to recognize the changing landscape of substance abuse and addiction within society.

Summary

SB878, also known as the Fairness in Fentanyl Sentencing Act of 2023, proposes amendments to the Controlled Substances Act to modify the legal framework surrounding the offenses related to fentanyl and other synthetic opioids. The bill aims to adjust the thresholds for what constitutes trafficking offenses, thereby reducing the amounts that trigger more severe penalties. Specifically, it calls for significantly lower amounts of fentanyl and its analogs to warrant increased sentencing, reflecting a shift in how the legal system addresses these substances and their associated penalties.

Contention

Notably, the bill has sparked discussions about the balance between public safety and fair sentencing practices. Supporters argue that it provides a more rational response to the opioid crisis, emphasizing treatment over incarceration for lower-level offenders. Critics, however, express concerns that reducing penalties might inadvertently enable more widespread distribution of fentanyl and could complicate ongoing efforts to combat the opioid epidemic effectively. The dialogue surrounding SB878 reflects the ongoing national debate over how best to navigate drug policy in a way that prioritizes both justice and public health.

Companion Bills

No companion bills found.

Previously Filed As

US SB477

Fairness in Fentanyl Sentencing Act of 2025This 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.

US HB335

Standardizing Thresholds Of Penalties for Fentanyl Act or the STOP Fentanyl Act This bill reduces 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. The bill also creates enhanced criminal penalties for certain violations involving fentanyl that was imported along the U.S.-Mexico border. Specifically, the bill reduces from 400 to 5 grams the fentanyl quantity and from 100 to 0.05 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 0.5 grams the fentanyl quantity and from 10 to 0.005 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders. Additionally, the bill creates enhanced mandatory minimum prison terms for importing or exporting fentanyl that was imported along the U.S.-Mexico border.

US HB568

SAFE Act Save Americans from the Fentanyl Emergency Act

US SB1152

Smarter Sentencing Act of 2023

US SB1141

HALT Fentanyl Act Halt All Lethal Trafficking of Fentanyl Act

US SB331

HALT Fentanyl Act Halt All Lethal Trafficking of Fentanyl Act

US HB1291

Stopping Overdoses of Fentanyl Analogues Act

US HB1758

SIFT Act of 2023 Stopping Illicit Fentanyl Trafficking Act of 2023

US SB522

SMART Cocaine Sentencing Act Start Making Adjustments and Require Transparency in Cocaine Sentencing Act

US HB4272

Stop Fentanyl Now Act of 2023

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