Mandatory Minimum Sentences and Sentencing Reform
Mandatory minimums require judges to impose at least a set prison term for certain crimes, mostly drug trafficking in the federal system. Texas uses minimum sentence ranges for each level of felony. The debate is whether fixed minimums keep the public safe or take needed discretion away from judges.
The basics
A mandatory minimum is a law that requires at least a set prison term for a crime, no matter the circumstances1. In federal fiscal year 2024, 14,964 of 61,678 federal cases, or 24.3%, involved an offense carrying a mandatory minimum, and 69.4% of those were drug trafficking cases1.
Some people escape the minimum. In 2024, 37.0% of those convicted of such offenses were relieved of it through the safety valve for lower-level drug offenders, by giving substantial help to prosecutors, or both1. The average sentence was 157 months for those subject to the minimum and 70 months for those who received relief1.
The First Step Act, signed December 21, 2018, reduced some repeat drug penalties, including cutting a mandatory life term to 25 years, expanded the safety valve, limited the stacking of 25-year gun penalties, and made the 2010 Fair Sentencing Act's reduced crack cocaine penalties retroactive82. In its first year of implementation, 2,387 people received sentence reductions under that retroactive change2.
Congress has also extended minimums. The HALT Fentanyl Act, signed July 17, 2025, permanently placed fentanyl-related substances in Schedule I and expressly applied the same quantity-based mandatory minimums that cover fentanyl analogues3.
Key terms
- Mandatory minimum
- A law requiring at least a set prison term for a crime; about a quarter of federal cases in 2024 involved one1.
- Safety valve
- A federal provision letting judges sentence certain lower-level drug offenders below the minimum; the First Step Act expanded who qualifies2.
- Substantial assistance
- Help given to prosecutors in another case, which can relieve a defendant of a mandatory minimum1.
- Habitual offender enhancement
- A Texas rule raising the punishment range to 25 to 99 years or life for someone with two prior sequential felony convictions4.
In Texas
Texas sets a punishment range for each level of felony, and each range has a minimum4. A first-degree felony carries 5 to 99 years or life, a second-degree felony 2 to 20 years, and a third-degree felony 2 to 10 years4. A defendant with two prior felony convictions in sequence faces 25 to 99 years or life for a new felony other than a state jail felony4. A capital felony carries death or life without parole when the state seeks death4.
Texas lets juries set punishment in many cases. The judge assesses punishment unless the defendant chooses in writing, before jury selection, to have the jury do it5.
How people see it
The strongest case for each view, in terms its supporters would recognize. We don't pick a side.
Add or lengthen minimums for serious crimes
Supporters say fixed minimums keep dangerous offenders off the streets and send a clear message, especially for deadly drugs like fentanyl. They argue minimums prevent lenient judges from handing out very different sentences for the same crime and give prosecutors leverage to reach higher-level traffickers.
Keep them, with narrow relief
Supporters say minimums became an important tool after judicial discretion led to mistakes with dangerous criminals, but changes should target nonviolent offenders and people with addiction or mental health issues7. They point to safety valves as a way to handle the exceptions.
Cut them back and give judges more discretion
Supporters say minimums, especially for drug quantities, can produce long sentences for lower-level offenders and shift sentencing power from judges to prosecutors. They favor shorter minimums, broader safety valves, and more room for judges to weigh each case.
Repeal mandatory minimums
Supporters say sentences should fit the facts of each case and each person, and that judges, not fixed formulas, should decide. They favor repealing federal mandatory minimums, encouraging states to do the same, and letting judges revisit past sentences6.
Who decides
- U.S. Congress: Writes federal mandatory minimums and exceptions such as the safety valve.
- U.S. Sentencing Commission: Sets federal sentencing guidelines within the limits Congress sets.
- Texas Legislature: Sets Texas punishment ranges and enhancements for repeat offenders.
- Prosecutors, such as the Tarrant County district attorney: Choose which charges to file, which affects whether a minimum applies.
- Judges and juries: Set sentences within the range the law allows; in Texas, juries can set punishment if the defendant chooses.
Questions to ask a candidate
- Should federal mandatory minimums for drug crimes be kept, expanded, reduced, or repealed?
- Should Texas change its minimum sentence ranges or its habitual offender rules?
- Should judges have more discretion to go below a minimum in some cases? Which ones?
- Should sentence reductions like those in the First Step Act apply to people already in prison?
Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.
Sources
- QuickFacts: Mandatory Minimum Penalties, Fiscal Year 2024U.S. Sentencing Commission
- The First Step Act of 2018: One Year of ImplementationU.S. Sentencing Commission
- HALT Fentanyl Act Permanently Controls Fentanyl-Related Substances (LSB11343)Congressional Research Service
- Texas Penal Code, Chapter 12: PunishmentsTexas Legislature
- Texas Code of Criminal Procedure, Article 37.07Texas Legislature
- 2020 Democratic Party PlatformThe American Presidency Project, UC Santa Barbara
- 2016 Republican Party PlatformThe American Presidency Project, UC Santa Barbara
- Public Law 115-391, First Step Act of 2018U.S. Government Publishing Office