A new piece of legislation was introduced in both the House and the Senate on Tuesday that would allow fentanyl dealers connected to distribution resulting in death to be charged with felony murder.
Under current U.S. law, there is a mandatory minimum of 20 years in prison for the same offense, but the prosecution is not handled as a murder case. The new legislation would escalate the severity of consequences dealers face, further cracking down on the fentanyl epidemic that has taken roughly 280,000 American lives since 2021, according to the Centers for Disease Control and Prevention (CDC) and the National Institute of Drug Abuse (NIH).
Senator Joni Ernst (R-IA) and Representative Tony Gonzales (R-TX) unveiled the Felony Murder for Deadly Fentanyl Distribution Act on Tuesday — which also marked National Fentanyl Awareness Day. The legislation will now head to committee in both chambers for review.
“Drug cartels have taken advantage of loopholes at our borders to peddle illicit drugs into our country, meanwhile, our communities pay the price,” Gonzales told Fox News Digital. “My bill sends a strong message to those who work with cartels and other bad actors — if you sell the drug and take an innocent life, justice will be delivered.”
He continued, “Our law enforcement agencies are in overdrive combating the drug epidemic in America, it’s time to take action and up the penalties for fentanyl dealers.”
The Department of Homeland Security (DHS) estimates that nearly 64,000 pounds of fentanyl have been seized at the southern border, enough to “kill 14 billion people.” Despite these seizures, the influx of fentanyl has devastated communities nationwide.
“I have seen firsthand how the scourge of fentanyl has inflicted incredible tragedy on communities across Iowa,” Senator Ernst said. “Increasing the severity of the punishment for the drug dealers responsible for the deaths of too many Iowans is long overdue.”
The crisis has been exacerbated by illegal immigration over the past four years. Customs and Border Patrol (CBP) notes that over 90% of interdicted fentanyl is stopped at Ports of Entry (POEs), primarily hidden in vehicles driven by U.S. citizens. Still, experts say illegal immigration waves have created broader opportunities for cartels.
With the Trump administration’s latest border security initiatives, apprehensions have dropped sharply. The CDC reported that overall drug overdose deaths decreased 24% from October 2023 to September 2024, showing tentative signs of progress.
At a White House press conference Monday morning, Trump’s Border Czar Tom Homan slammed the previous Biden administration’s policies, claiming they “unsecured the border on purpose.” Homan declared that under Trump, “border numbers are at a historic low” and the U.S. has “the most secure border in the history of this nation.”
The Felony Murder for Deadly Fentanyl Distribution Act marks another aggressive move by the Trump administration and Republican allies to clamp down on the fentanyl crisis — and hold deadly dealers fully accountable.
