Spokane Valley advances ordinance to make exposing children to controlled substances a gross misdemeanor

The Spokane Valley City Council voted unanimously to advance to a second reading a draft ordinance that would make it a gross misdemeanor to knowingly or recklessly permit a child or dependent person to ingest, inhale, absorb or have contact with a controlled substance other than cannabis, unless the substance was obtained pursuant to a valid prescription.

Senior Deputy City Attorney Tony Beattie, who presented the draft ordinance at council, said state law includes a felony offense tied to methamphetamine manufacture but does not cover fentanyl or other controlled substances in the same way. "The current state statute ... says that a person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to ingest, inhale, or have contact with methamphetamine," Beattie said, and added that the city-drafted ordinance mirrors language used elsewhere in Washington and the county.

Under the city's draft, the offense would be a gross misdemeanor with a maximum penalty of up to 364 days in jail and a $5,000 fine — the statutory maximum for local jurisdictions. Beattie said cities cannot create felony offenses and that state law determines felony penalties.

Councilmembers and residents pressed several substantive points during discussion. Councilmember Maricoll asked whether the ordinance’s language could be structured so that multiple pills or items could produce multiple charges; Beattie replied that the idea would need exploration and noted state limits on locally enacted penalties. Councilmember Wick asked why the draft excludes cannabis; staff said cannabis was treated differently in the initial proposal but that the council could choose to remove the exception. Councilmember Patton and others suggested expanding the ordinance beyond children and dependents to include service providers or other victims in confined settings.

Public commenters urged quick local action while continuing to press the state for broader statutory change. John Harding cited a recent count of roughly 300 fentanyl deaths in Spokane County in the prior year and said the city should press for state-level change while protecting its own community in the meantime. Dan Lunn, a resident, urged passage now: “I would recommend that we move forward with the draft and we let's protect our own community,” he said.

Beattie said the draft is being coordinated with Spokane County, which is considering a similar ordinance, and that staff will continue to refine the language. Council voted to advance the ordinance to a second reading; further refinement was discussed and additional council direction was requested.