Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Safety Drug Policy topic
No spam. Unsubscribe anytime.
Sumner council adopts ordinance making child endangerment with nonprescribed controlled substances a gross misdemeanor
Summary
On Feb. 3 the Sumner City Council unanimously adopted Ordinance 2917, criminalizing intentional or reckless exposure of children or dependents to nonprescribed controlled substances; the law excludes marijuana and alcohol and carries up to 364 days in jail and a $5,000 fine.
Sumner City Council voted unanimously on Feb. 3 to adopt Ordinance 2917, creating a local gross-misdemeanor offense for adults who intentionally permit a child or dependent to ingest or have contact with a nonprescribed controlled substance.
City Attorney Andrea Marquez told the council the ordinance is intended to close a gap in state law that the attorney said currently criminalizes endangerment with a controlled substance only when methamphetamine is involved. Marquez said the local measure is a stopgap until a state legislative update — House Bill 1286 — would broaden the state definition of controlled substances. The local ordinance would carry a penalty of up to 364 days in jail and a $5,000 fine.
The ordinance specifically excludes marijuana and alcohol, Marquez said when answering a public question. Council members and members of the public discussed the standard the ordinance would use to distinguish intentional conduct from recklessness. Council member Kenna asked how the city would treat cases that appear careless but not deliberate. Marquez said intentional conduct is leaving drugs in plain view, while recklessness could include leaving substances unsecured in an unlocked medicine cabinet or a purse on the floor — situations that, under a criminal standard, could meet recklessness.
Two members of the public spoke during the council period on the ordinance. Randall Adams thanked the city for moving ahead, saying it would help police and prosecutors hold offenders accountable. Casey Henderson asked whether marijuana and alcohol were covered; Marquez answered they are excluded.
Council member Beteto moved to adopt Ordinance 2917; the motion received a second and the ordinance passed on a unanimous roll call of the council members present. The city attorney noted that if a future state law creates a broader felony on the same subject, the local ordinance would be preempted.
Sumner joins Pierce County and several nearby jurisdictions that have adopted similar local ordinances, Marquez said, while the city and its prosecutors continue to monitor state-level legislation on the issue.
