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119-s-1502119th Congress

Felony Murder for Deadly Fentanyl Distribution Act of 2025

Sponsored By: Senator Ernst, Joni [R-IA]

Introduced

Summary

Makes distributing fentanyl that causes a death a form of first-degree murder punishable by death or life imprisonment. It sets clear quantity thresholds and ties key terms to the Controlled Substances Act so prosecutors can use those criteria when bringing charges.

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  • Families of overdose victims: Creates a path for homicide prosecutions when a death is linked to fentanyl, which may lead to the most severe criminal penalties and affect case outcomes for survivors.
  • People who distribute fentanyl: If the distributed substance meets the statute's quantity tests and causes a death, the distributor can be charged with first-degree murder and face death or life imprisonment.
  • Law enforcement and prosecutors: Defines “distributing fentanyl” to include 2 grams of fentanyl or 0.5 grams of certain analogues, requires proof the distributor knew or had reason to know the drug contained fentanyl, and adopts the Controlled Substances Act definitions for “controlled substance” and “distribute.”

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 1 costs, 0 mixed.

New felony murder for fentanyl

If enacted, the bill would make distributing certain fentanyl that causes a death a first-degree murder offense. It would apply when the distribution involves 2 grams or more of the named fentanyl compound or 0.5 grams or more of an analogue. It would only apply if the victim died from using the substance and the distributor knew or had reason to know the substance contained that fentanyl. If convicted, a person could face death or life in prison. The bill would add “distributing fentanyl” as a predicate for felony murder and would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Ernst, Joni [R-IA]

IA • R

Cosponsors

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 4/29/2025

  • Sen. Britt, Katie Boyd [R-AL]

    AL • R

    Sponsored 4/29/2025

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 4/29/2025

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 4/29/2025

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 4/29/2025

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 4/29/2025

  • Sen. Hagerty, Bill [R-TN]

    TN • R

    Sponsored 4/29/2025

  • Sen. Ricketts, Pete [R-NE]

    NE • R

    Sponsored 4/30/2025

  • Sen. Daines, Steve [R-MT]

    MT • R

    Sponsored 4/30/2025

  • Sen. Justice, James C. [R-WV]

    WV • R

    Sponsored 4/30/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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