What Is the Smarter Sentencing Act and Has It Passed?

The Smarter Sentencing Act is bipartisan federal legislation that has been introduced and reintroduced in Congress multiple times since 2013. As of April 2026 it has not been signed into law, but the effort continues.

The bill's core purpose is to reduce mandatory minimum sentences for certain non-violent federal drug offenses. The most recent version would reduce mandatory minimums for certain drug offenses from 5, 10, and 15 years down to 2, 5, and 10 years, respectively. United States Senate Committee on the Judiciary Importantly, the bill reduces but does not eliminate mandatory minimums and does not change enhancements applicable to serious or violent offenders. United States Senate Committee on the Judiciary

The Smarter Sentencing Act of 2026 was introduced on March 2, 2026 by Senator Richard Durbin and currently has 10 cosponsors. The bill also specifically addresses couriers, redefining sentencing penalties for offenders whose role was limited to transporting or storing drugs or money, and proposes reducing minimum sentences from 10 years to 5 years for certain offenders.

The bill has attracted bipartisan support across multiple congressional sessions but has consistently stalled before reaching a final vote. While the EQUAL Act and Smarter Sentencing Act have broad support, neither has yet reached the Senate floor for a vote.

What this means practically for federal inmates and their families is that the bill has not changed anyone's sentence yet. If it does eventually pass, certain drug offenders could potentially petition for resentencing under the reduced minimums. Anyone who believes they might benefit should stay in contact with their attorney and monitor the legislation's progress through congress.gov.