Fentanyl: The “New” Crack?

Sentencing practices for fentanyl-related offenses have become increasingly punitive, reflecting the government’s approach—discredited by many—to the crack epidemic and the broader War on Drugs. While overdose deaths have abated over the last three years, public fear drives demand for aggressive law-enforcement responses. This article argues that this approach is misguided in the case of low-level offenders, where defendants may be unaware that the substances they distribute contain fentanyl. The current Federal Sentencing Guidelines and the sentencing practices they have engendered ignore the structural differences between fentanyl distribution and previous drug markets. The 2025 amendments to the Guidelines have potential to better address role adjustment for low-level offenders, but it should not be the only solution. While strong law-enforcement responses to cartels makes sense, it does not make sense to throw the book at street-level offenders who may not know that what they are distributing is fentanyl.