Council advances ordinance to criminalize endangering children with controlled substances to second reading

The Spokane Valley City Council voted unanimously to advance a draft ordinance, Ordinance 25-011, to a second reading 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 or order from a practitioner acting in the course of professional practice.

Senior Deputy City Attorney Tony Beatty described the current state statute that covers methamphetamine manufacturing exposures and noted a gap in state law for fentanyl and many other controlled substances. The draft ordinance expands the local offense to substances beyond those found in methamphetamine manufacture. Because cities cannot create felony offenses, the draft proposes a gross-misdemeanor penalty: up to 364 days in jail and a $5,000 fine.

Councilmembers asked multiple questions about the ordinance’s wording and scope. Some sought to broaden protection beyond children and dependent adults (for example to first responders or other adults who might be exposed); others asked whether cannabis should be included. Councilmember Yeager and others asked for clearer definitions tying the medical exemption to a valid prescription or authorized practitioner. Beatty and deputy city attorneys said those wording choices were policy decisions for council and noted the draft follows a similar ordinance enacted in Pierce County.

Councilmembers, several of whom said they supported expedited local action while continuing to press the state legislature for a broader solution, emphasized local incidents in Spokane Valley involving minors exposed to fentanyl. Public commenters urged the council to act to protect children; others asked that the city coordinate language with the county so enforcement would be consistent across jurisdictions.

A motion to advance Ordinance 25-011 to a second reading was made and seconded; the motion carried unanimously. Staff said they will continue working with county officials to align language and will return the ordinance for formal second-reading consideration.

Proposed penalty: gross misdemeanor (maximum 364 days in jail and $5,000 fine). Scope (draft): knowingly or recklessly permitting a child or dependent person to ingest, inhale, absorb or have contact with a controlled substance other than cannabis, unless obtained pursuant to a valid prescription or practitioner order. Council directed staff to consider clarifications (definition of ‘‘controlled substance,’’ whether to include cannabis, prescription/medical exception language, possible expansion of protected classes).