H.R.3764 - Death Penalty for Dealing Fentanyl Act of 2025 (119th Congress)
Summary
H.R.3764, the "Death Penalty for Dealing Fentanyl Act of 2025," proposes amending the Controlled Substances Act to impose the death penalty or life imprisonment for individuals convicted of knowingly distributing fentanyl if such distribution results in death. The bill targets those found guilty under sections 401(a)(1) or 416 of the Controlled Substances Act, specifically related to distributing, possessing with intent to distribute, or manufacturing fentanyl. It was introduced in the House of Representatives on June 5, 2025, and referred to the Committees on the Judiciary and Energy and Commerce.
Expected Effects
If enacted, this bill would significantly increase the potential penalties for fentanyl-related offenses, potentially deterring the distribution of the substance. The practical effect would be an increase in prosecutions seeking the death penalty in fentanyl-related cases where a death occurs. This could also lead to legal challenges regarding the constitutionality of the death penalty in such cases.
Potential Benefits
- Potential reduction in fentanyl distribution due to increased penalties.
- Could deter individuals from dealing fentanyl, saving lives.
- May provide a sense of justice for families of fentanyl overdose victims.
- Could lead to a decrease in overdose deaths related to fentanyl.
- Addresses a critical public health crisis by targeting drug trafficking.
Potential Disadvantages
- Potential for disproportionate application of the death penalty.
- Risk of executing innocent individuals due to potential errors in the justice system.
- May not effectively deter drug trafficking, as drug dealers may be motivated by other factors.
- Could lead to increased legal challenges and appeals, straining the judicial system.
- Ethical concerns regarding the use of the death penalty for drug-related offenses.
Constitutional Alignment
The bill's constitutionality is debatable. While Congress has the power to regulate interstate commerce under Article I, Section 8, the imposition of the death penalty raises Eighth Amendment concerns regarding cruel and unusual punishment. The Fifth and Fourteenth Amendments' due process clauses also come into play, requiring fair legal proceedings. Whether the death penalty is a proportionate punishment for fentanyl distribution resulting in death would be a key legal question.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).