Spokane Valley delays vote on proposal to add fentanyl to child endangerment law

(The Center Square) – Hoping to bolster the proposal, the Spokane Valley City Council tabled a vote Tuesday that could add fentanyl to the crime of endangerment with a controlled substance.

The existing state law specifically mentions methamphetamine, chemicals used to manufacture meth and other narcotics, but not fentanyl or opioids. The charge still levies a Class B felony, but if officers only find fentanyl and not meth at the scene, they usually rely on other charges.

Law enforcement has had at least two cases since January where emergency services sent a 2-year-old and a 3-year-old to the hospital after getting into their parents’ stash. One child got a hold of paraphernalia with meth and fentanyl on it, while the other ingested a fentanyl-laced pill.

First responders administered overdose reversal medications in both cases to save their lives.

“Cities are not allowed to adopt felonies,” Tony Beattie, senior city deputy attorney, told the dais regarding a preemption on penalties exceeding what Olympia allows. “That’s up to the state.”

Beattie said the Valley’s ordinance couldn’t add fentanyl and other drugs to the felony charge, but it could make it a gross misdemeanor at the local level. A prior draft levied a maximum penalty of up to 364 days in jail and a $5,000 fine, but Beattie said the current copy includes minimums.

The state statute usually comes with at least three to nine months for low-level offenders and 63 to 84 months for repeat offenders. Beattie said Valley’s version would levy a minimum of no less than 90 days for the first offense and 180 days for the next, with fines of up to $5,000 for each.

The proposal relies on the state’s definition of Schedule 1 and Schedule 2 narcotics, including a long list of substances. The original draft exempted marijuana and cannabis, but that’s no longer the case. Beattie said his team removed that exemption and another for valid prescriptions.

“If you’re providing someone with medication pursuant to and in accordance with a prescription that has been issued by a health care practitioner,” he said, “then that’s not a violation of this.”

According to the proposal, the Spokane Regional Health District reported 734 emergency room visits for individuals under 18 years old from 2023 to 2024. SRHD reported 663 other ER visits for people over 65 years old, prompting the council to request protections for other age groups.

Spokane County Medical Examiner Dr. Veena Singh recorded roughly 350 overdose deaths last year, about 15% more than in 2023. Overdose deaths have increased nearly 300% countywide since 2019, and fentanyl-related deaths alone skyrocketed by over 19,000% from 2018 to 2023.

Councilmember Laura Padden asked about expanding the proposal to protect adults and other individuals, like those using public transit, who might be inadvertently exposed to illicit narcotics.

Beattie said other state laws might conflict but noted that he could return with more information.

Padden’s peers on the dais followed suit, supporting a motion to delay final consideration until July 8 so Beattie could make further adjustments. They want to protect people going about their business who suffer from unintentionally coming into contact with a user’s supply.

“For instance, if the bus driver is cleaning the bus, or inspecting the seats at the end of the shift, and he were to get exposed there, or if it happens to a nurse in the hospital,” Councilmember Al Merkel said. “I’d like to see that included, but I am happy with the other changes.”

The council will vote on adopting the ordinance during its regular meeting scheduled for July 8.