WASHINGTON, W.Va. (WV News) — Sen. Jim Justice, R-W.Va., is the latest member of the state’s congressional delegation to push for tighter restrictions on fentanyl.
The freshman senator and the state’s former governor is among the co-sponsors of the Fairness in Fentanyl Sentencing Act of 2025.
“I am proud to co-sponsor Sen. John Kennedy’s (R-La.) Fairness in Fentanyl Sentencing Act of 2025 to help stop the flow of fentanyl into our country & save lives,” Justice said in a social media post. “President Trump’s executive order to close our border and stop the flow of fentanyl into the US was a strong first step. This bill is a much-needed next step.”
The bill would amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify offenses relating to fentanyl.
The legislation would modify 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.
The bill would reduce from 400 grams to 20 grams the fentanyl quantity and from 100 grams to 5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for high-level first-time or repeat offenders.
It also would reduce from 4 grams to 2 grams the fentanyl quantity and from 10 gram to 0.5 grams the fentanyl analogue quantity that trigger a mandatory minimum prison term for low-level first-time or repeat offenders.
“The sentencing rules for fentanyl don’t reflect the drug’s extreme deadliness. My bill would stop treating the ghouls who deal fentanyl with kid gloves and start using fair and realistic sentencing rules,” Kennedy said.Additionally, the bill would direct 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.
“Current federal mandatory minimums are drastically out of step with the deadly threat fentanyl poses to American lives. Fentanyl-related overdoses kill 70,000 Americans each year and cause a new 9/11 every two weeks. We know that even a minuscule amount of fentanyl can be lethal,” said Sen. Lindsey Graham, R-S.C., another of the bill’s co-sponsors. “It’s time the federal code treats fentanyl for what it is: A weapon of mass destruction.”
Last week, West Virginia Republican Reps. Carol Miller and Riley Moore voted in favor of legislation to permanently classify fentanyl as a Schedule I drug under the Controlled Substances Act.According to the American Addiction Centers, Schedule I drugs have no currently accepted medical use and a high potential for abuse or addiction. Schedule II drugs have some medically acceptable uses but also carry a high potential for abuse and addiction. These drugs can be obtained with a prescription.
Fentanyl, a powerful synthetic opioid, is classified as a Schedule II drug and is approved for use in surgery or to treat severe pain.
The Centers for Disease Control and Prevention identifies two types of fentanyl. Pharmaceutical fentanyl is produced by drug companies for medical use. Illegally made fentanyl is sold on the illegal drug market, most commonly in powder form or pressed into counterfeit pills. It can be smoked, snorted, injected or ingested.
“The HALT Fentanyl Act would close a deadly loophole and empower our justice system to aggressively prosecute the individuals poisoning our communities,” Moore said.
Drugs mixed with fentanyl are extremely dangerous, and many people may be unaware their drugs contain it, according to the CDC.