Rep. Marlin Stutzman (R-IN) is introducing a House companion to Sen. John Kennedy’s (R-LA) No Leniency for Fentanyl Dealers Act, legislation that would substantially reduce the quantities of fentanyl required to trigger federal mandatory-minimum sentences and authorize $9 million to expand drug-detection capabilities within the U.S. Postal Service.
The bill’s text and a one-page summary were exclusively provided to Breitbart News ahead of the legislation’s introduction on Thursday.
The legislation would reduce the amount of fentanyl required to trigger a ten-year federal mandatory-minimum sentence from 400 grams to 20 grams. For fentanyl analogues, the threshold would fall from 100 grams to five grams.
The amount of fentanyl triggering a five-year mandatory minimum would decline from 40 grams to two grams, while the corresponding threshold for fentanyl analogues would fall from ten grams to half a gram.
The legislation would apply those changes to offenses under both the Controlled Substances Act and the Controlled Substances Import and Export Act. It would also specify that the revised penalties cover both scheduled and unscheduled analogues of fentanyl.
The one-page summary states that 400 grams of fentanyl is enough to kill roughly 200,000 people but is currently the amount required to trigger the ten-year mandatory minimum. It also states that fentanyl-related overdoses kill approximately 70,000 Americans annually.
“Hundreds of thousands of Americans die every year from fentanyl poisoning. I am proud to take up the No Leniency for Fentanyl Dealers Act with Senator Kennedy so those peddling this lethal substance are punished with sentences commensurate with their actions,” Stutzman told Breitbart News. “The additional training and strengthened enforcement tools included in this bill will assist law enforcement and postal workers to identify fentanyl faster and keep Americans safer.”
Kennedy, a Louisiana Republican who introduced the Senate version, criticized existing federal sentencing laws as too lenient toward fentanyl dealers.
“Fentanyl dealers are selling poison that is killing tens of thousands of Americans every year, and Washington’s sentencing laws still treat them with kid gloves. I’m proud to work with Congressman Stutzman to ensure these ghouls get the punishment they deserve,” Kennedy said.
The legislation would direct the U.S. Sentencing Commission to review and, where appropriate, amend its sentencing guidelines and policy statements to make them consistent with the new thresholds.
The commission would be required to issue the relevant guidelines, policy statements, or amendments as soon as practicable and no later than 120 days after the legislation’s enactment. It would also be authorized to make conforming changes needed to maintain consistency with other federal sentencing guidelines and applicable law.
The bill additionally seeks to strengthen the interception of fentanyl, other synthetic opioids, narcotics, and psychoactive substances illegally imported into the United States through the mail or by express consignment operators or carriers.
It defines a “chemical screening device” to include an immunoassay, narcotics field-test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, or other scientific instrument capable of collecting data that can be interpreted to determine if such substances are present.
Under the legislation, the postmaster general would be required to increase the number of chemical screening devices available to the Postal Service and provide additional devices as necessary to intercept illegally imported drugs, including substances shipped through the mail or by express consignment operators and carriers.
The postmaster general would also be required to dedicate an appropriate number of personnel, including scientists, to interpret screening data during all operational hours.
The measure authorizes $9 million for screening equipment, personnel, scientists, and other resources intended to prevent, detect, and intercept the unlawful importation of fentanyl and other covered substances.
Congressmen Clay Fuller of Georgia, Don Bacon of Nebraska, Rob Bresnahan of Pennsylvania, and Ken Calvert of California are cosponsoring the House legislation.
“Fentanyl is the number one killer of Americans ages 18 to 45. That’s why I am proud to co-sponsor the No Leniency for Fentanyl Dealers Act. For too long, the criminals who profit from poisoning our communities have escaped the full consequences of their actions. That must end,” Fuller said. “I find no greater joy than putting a fentanyl dealer behind bars. I have seen firsthand the devastation this poison has inflicted on my community in Northwest Georgia, and I will continue to fight here in Washington each and every day to ensure the people responsible are held accountable. If you choose to traffic fentanyl, know this: we will continue to pursue stronger laws, tougher penalties, and every available tool to stop you from destroying more American lives.”
“Fentanyl dealers are poisoning our communities, and I know families who have lost loved ones to fentanyl,” Bacon said. “Federal law must reflect the deadly reality of this crisis. The No Leniency for Fentanyl Dealers Act strengthens penalties for those trafficking lethal amounts of fentanyl, updates sentencing thresholds and gives the Postal Service more tools to detect and interdict these drugs before they reach our streets. I’m grateful to work with Rep. Stutzman on this effort to hold traffickers accountable and protect American families.”
“It only takes two milligrams of fentanyl to kill a person. That’s just about three grains of table salt,” Bresnahan said. “Despite this, it takes 40 grams of fentanyl, or roughly three tablespoons of butter, to trigger the federal five-year mandatory minimum sentence for trafficking. That threshold simply does not reflect the deadly reality of this drug. The No Leniency for Fentanyl Dealers Act closes the gap by lowering the amount of fentanyl needed to trigger tougher penalties, helping keep this deadly drug off our streets and out of our communities.”
The legislation has also received support from the National Sheriffs’ Association, National District Attorneys Association, Indiana Drug Enforcement Association, National Alliance of State Drug Enforcement Agencies, Indiana United Postmasters and Managers of America, National Narcotic Officers’ Associations’ Coalition, and United Postmasters and Managers of America.
“The lethality of fentanyl demands consequences that match the crime. This legislation closes a dangerous gap in federal law, strengthens enforcement, and helps ensure traffickers are held accountable before more lives are lost. Thank you, Congressman Stutzman, for introducing this much needed legislation,” said Sheriff Mike Chapman of Loudon County, Virginia, chairman of the NSA Government Affairs Committee.
“The No Leniency for Fentanyl Dealers Act takes a critical step toward aligning federal law with the extreme danger fentanyl poses in our communities. Fentanyl is a top public safety concern across the country, and prosecutors need laws that reflect that reality. This bill targets the worst offenders and gives prosecutors the tools they need to disrupt trafficking networks and save lives,” said Nelson Bunn, executive director of the National District Attorneys Association.
“Fentanyl continues to devastate communities across Indiana and the United States, claiming lives at an alarming rate. Individuals take advantage of fentanyl’s low cost to produce as well as its high profit margin. They do so with little to no regard for the people it hurts the most. Those who traffic this deadly substance must be held fully accountable. The Indiana Drug Enforcement Association supports legislative efforts that ensure meaningful consequences for fentanyl dealers and strengthen the ability of law enforcement to protect the public,” said Chris Goergen, president of the Indiana Drug Enforcement Association.
“The National Alliance of State Drug Enforcement Agencies (NASDEA) fully supports the No Leniency for Fentanyl Dealers Act. Given fentanyl’s deadly impact on communities across the country, there must be a zero-tolerance approach toward those who manufacture or distribute this dangerous drug,” said Carlon Stapleton, the organization’s executive director.
“The United Postmasters and Managers of America recognizes the serious threat fentanyl poses to communities nationwide and supports legislation that gives the Postal Service the resources needed to help address that threat,” said Tony Leonardi, national president of United Postmasters and Managers of America.
