Sen. Durbin and Sen. Lee Push Bipartisan Bill to Cut Mandatory Minimum Drug Sentences
Smarter Sentencing Act of 2026
Legislative Progress
Key Points
- The bill cuts mandatory minimum prison sentences for federal drug crimes. Offenses that currently carry a 10-year minimum would drop to 5 years, and 5-year minimums would drop to 2 years. Prior-offense enhancements are also reduced.
From policy text
“by striking ``10 years or more'' and inserting ``5 years or more''; and (ii) by striking ``15 years'' and inserting ``10 years''”
View in full text - The bill creates a new legal category called a "courier" — someone whose only role was transporting or storing drugs or money. Couriers get lower mandatory minimums than higher-level traffickers, even for import/export offenses.
From policy text
“The term `courier' means a defendant whose role in the offense was limited to transporting or storing drugs or money.”
View in full text - People already in prison for these drug offenses can ask a judge to reduce their sentence under the new, lower minimums. Judges would weigh public safety and the person's history before deciding.
From policy text
“In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a covered offense, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code.”
View in full text - The Sentencing Commission must update its guidelines within 120 days to match the new law, and must consider reducing racial disparities in federal sentencing as part of the process.
From policy text
“the need to reduce and prevent racial disparities in Federal sentencing”
View in full text - The Attorney General must report on cost savings from shorter sentences and how that money will be used for law enforcement, crime prevention, and reducing recidivism.
From policy text
“the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism”
View in full text - Every federal agency must catalog all criminal offenses it enforces — including penalties, prosecution history, and mental-state requirements — and publish a free, public index online within two years.
From policy text
“the Attorney General shall establish a publicly accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice”
View in full text
Impact Analysis
Personal Impact
Milestones
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text: CR S733-734)
What Happens Next
Projected impacts based on AI analysis
Sentencing Commission updates federal sentencing guidelines to match the new lower minimums
Within 4 months of enactment, judges would have updated guidance for sentencing drug offenders, and people already in prison could begin petitioning for reduced sentences
Attorney General reports on cost savings and reinvestment plan
Congress and the public learn how much money is saved from shorter sentences and where it will be redirected — law enforcement, crime prevention, or anti-recidivism programs
Public index of all federal criminal offenses goes live online
For the first time, anyone can look up every federal crime, its penalty, how often it's been prosecuted, and what mental state is required — all in one free, searchable place
Source Information
Document Type
Congressional Bill
Official Title
Smarter Sentencing Act of 2026
Sponsor
Cosponsors
(10)Data Sources
Analysis generated by AI. Always verify with official sources.