Fairness in Fentanyl Sentencing Act of 2023

To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes. 1. Short title This Act may be cited as the Fairness in Fentanyl Sentencing Act of 2023 2. Controlled Substances Act amendments Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) (1) in subparagraph (A)(vi)— (A) by striking 400 20 (B) by striking 100 5 (C) by inserting scheduled or unscheduled analogue of (2) in subparagraph (B)(vi)— (A) by striking 40 2 (B) by striking 10 0.5 (C) by inserting scheduled or unscheduled analogue of 3. Controlled Substances Import and Export Act amendments Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1)(F)— (A) by striking 400 20 (B) by striking 100 5 (C) by inserting scheduled or unscheduled analogue of (2) in paragraph (2)(F)— (A) by striking 40 2 (B) by striking 10 0.5 (C) by inserting scheduled or unscheduled analogue of 4. Directive to the Sentencing Commission (a) Definition In this section, the term Commission (b) Directive to the United States Sentencing Commission Pursuant to the authority of the Commission under section 994(p) of title 28, United States Code, and in accordance with this section, the Commission shall review and amend, if appropriate, the guidelines and policy statements of the Commission applicable to a person convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 21 U.S.C. 960 (c) Emergency authority The Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 5. Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (a) Definitions In this section— (1) the term chemical screening device (2) the term express consignment operator or carrier (3) the term Postmaster General (b) Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (1) Chemical screening devices The Postmaster General shall— (A) increase the number of chemical screening devices that are available to the United States Postal Service; and (B) make additional chemical screening devices available to the United States Postal Service as the Postmaster General determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier. (2) Personnel to interpret data The Postmaster General shall dedicate the appropriate number of personnel of the United States Postal Service, including scientists, so that those personnel are available during all operational hours to interpret data collected by chemical screening devices. (c) Authorization of appropriations There is authorized to be appropriated to the Postmaster General $9,000,000 to ensure that the United States Postal Service has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.

Summary: Fairness in Fentanyl Sentencing Act of 2023 This 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.