Can Someone with a Fentanyl Charge Get First Step Act Time Credits?

Yes—sometimes. Whether you can earn and apply First Step Act (FSA) time credits turns on the exact statute and penalty subsection listed on your Judgment & Commitment (J&C), not just that your case involved fentanyl. Some fentanyl convictions are excluded by law from FSA time credits; others remain eligible.

Robert Rohrbaugh with the Prison Law Firm: “You’re actually eligible if your J&C shows a conviction under 21 U.S.C. § 841(a) without one of the disqualifying penalty subparagraphs. Check your J&C closely—the statutory subsection controls.” In practice, if your conviction is listed only as § 841(a) with a penalty under § 841(b)(1)(C) (and there is no special finding like death/serious bodily injury), you are typically eligible for FSA time credits.

The Law: When Fentanyl Convictions Are Ineligible

Under 18 U.S.C. § 3632(d)(4)(D), prisoners are ineligible for FSA time credits if they’re serving a sentence for specific listed offenses. For drug cases, key disqualifiers include:

§ 841(b)(1)(A) or (B) fentanyl subparagraphs—i.e., § 841(b)(1)(A)(vi) or § 841(b)(1)(B)(vi). A conviction under these fentanyl provisions is listed as ineligible.
Death or Serious Bodily Injury—a conviction for an offense described in § 841(b)(1)(A), (B), or (C) where “death or serious bodily injury resulted” from the substance is ineligible.
Certain methamphetamine provisions when coupled with an aggravating role finding (organizer/leader/manager/supervisor). (This shows how the statute keys to exact subparagraphs and sometimes role findings.)

The Bureau of Prisons (BOP) publishes a user-friendly table mirroring these exclusions; fentanyl-specific subparagraphs are explicitly called out.

When a Fentanyl Case Can Still Be Eligible

Many drug judgments cite § 841(a)(1) together with a penalty provision in § 841(b). If your J&C reflects § 841(a) with a penalty under § 841(b)(1)(C) (the “no-threshold” provision) and there is no death/serious-injury finding, your case is generally not on the exclusion list—so you remain eligible to earn and apply FSA time credits. The label “fentanyl” alone does not drive eligibility; the specific subparagraph does.

How to Read Your J&C (Judgment & Commitment)

Find the statute for each count of conviction. Look for entries like “21:841(a)(1) and 841(b)(1)(C)” or “21:841(a)(1) and 841(b)(1)(B)(vi).

Check for special findings (e.g., “death or serious bodily injury resulted”).

Confirm any role enhancements if your case involved methamphetamine (these can trigger an exclusion in limited scenarios).

Compare to the exclusion list in 18 U.S.C. § 3632(d)(4)(D) and the BOP’s published table.

“BOP Told Me ‘No FSA—It’s Fentanyl.’ Now What?

If BOP denies your FSA eligibility because your offense “involves fentanyl,” but your J&C does not cite § 841(b)(1)(A)(vi) or § 841(b)(1)(B)(vi) and does not include a death/serious-injury finding, you can challenge the decision through the Administrative Remedy Program (BP-8 to BP-11). Attach your J&C and point to the statute’s actual exclusion list.

Courts have also recognized that if any count of conviction is on the exclusion list, BOP treats the person as ineligible to earn/apply credits during that aggregate term—so be sure to review every count on the J&C.

What Time Credits Do—If You’re Eligible

FSA time credits can be earned for qualifying programs/activities and then applied to move you earlier to prerelease custody (RRC/home confinement) or to supervised release, subject to other statutory conditions.

Action Steps

Get your J&C. Identify the exact statute and penalty subsection for each count.
Match it to the list. Compare to 18 U.S.C. § 3632(d)(4)(D) and the BOP’s published exclusions page.
If BOP is wrong, appeal. Use BP-9, then BP-10, then BP-11 and cite Program Statement 5410.01 (FSA Time Credits) and the statute itself.
Ask for help. A lawyer can frame the issue, attach the right documents, and escalate if needed.

The word “fentanyl” in your case file does not automatically bar FSA time credits. What matters is the exact subparagraph on your J&C and any special findings. If your conviction is simply under § 841(a) with § 841(b)(1)(C) (and no death/serious-injury finding), you’re generally eligible; if it’s § 841(b)(1)(A)(vi) or (B)(vi) (fentanyl-specific penalties), you’re not. Check your paperwork and challenge errors.