H.R. 3800: Mandatory Minimum Reform Act of 2017 (115th Congress)

Read the text of H.R. 3800

Bill Status: The bill has been introduced. IT IS NOT A LAW. To become a law, the bill must be approved by the Judiciary committees, passed by both the U.S. Senate and the U.S. House of Representatives, and signed into law by the President. Each year, many bills are introduced, but few become law. We do not know if or when this bill will become law.

Summary: The Mandatory Minimum Reform Act of 2017 (H.R. 3800) was introduced in the U.S. House of Representatives on September 14, 2017, by Rep. Maxine Waters (D-CA). If passed, the bill would

  1. Repeal mandatory minimum sentences for all federal drug offenses except continual criminal enterprise (21 U.S.C. section 848), which applies to the highest-level, highest-earning drug traffickers. (not retroactive) 
  2. Require the U.S. Attorney General to pre-approve, in writing, any prosecution by a federal prosecutor of a case that involves less drugs than the drug quantities listed in 21 U.S.C. sections 841(b)(1)(A) or, in crack or powder cocaine cases, less than 500 grams of either substance. (not retroactive)

The goal of the bill is to make federal drug sentencing laws individualized and fair, and to prevent federal prosecution of low-level drug offenders who can be adequately policed, prosecuted, and punished by local authorities. FAMM supports the bill.

Current Law to be Changed:

Current mandatory minimum drug sentences: 21 U.S.C. § 841