Spokane Valley council tables ordinance on endangerment with controlled substances; asks staff to draft broader exposure language

Spokane Valley City Council on Tuesday tabled consideration of Ordinance 25,011, a proposed municipal chapter to make ‘‘endangerment with a controlled substance’’ a local offense covering Schedule I and II drugs beyond methamphetamine. The council voted to pause action and asked staff to return with additional language and legal analysis at its July 8 meeting.

The measure was presented at the second reading by Senior Deputy City Attorney Tony Meadey, who told the council the draft would make ‘‘a person . . . guilty of the crime of endangerment with a controlled substance if the person knowingly or recklessly permits a child or dependent person to ingest, inhale, absorb, or have contact with any controlled substance listed in . . . Schedule I or Schedule II, except as expressly permitted by law.’’

The draft removes prior exceptions for cannabis and for prescription medications in some places, but retains an explicit exception for health care services ‘‘pursuant to and in accordance with a valid prescription or order of a licensed health care practitioner,’’ Meadey said. The ordinance would create a gross misdemeanor punishable by up to 364 days in jail and a $5,000 fine, and staff proposed mandatory minimums of 90 days for a first conviction and 180 days for subsequent convictions.

Councilmembers spent the bulk of the discussion on two topics: whether the city could lawfully expand the measure beyond protections for children and dependent adults to cover adults who are inadvertently exposed (for example, bus drivers, teachers or health‑care workers who come into contact with airborne or residue exposures), and whether the city is legally preempted from enacting rules that conflict with state controlled‑substances law.

Councilmember Josephine Merkel urged the council to consider those workplace and nonpublic‑use exposures. "I'd really like to include that . . . those exposures may not be considered in public," she said, citing scenarios such as a bus driver inspecting seats after a shift or a nurse exposed while making rounds.

Meadey said the city drafted the ordinance specifically to avoid creating a conflict with state law. He explained that current state law on endangerment tied to methamphetamine is a felony and that the city cannot adopt felonies; the local measure is drafted as a gross misdemeanor to address opioids and fentanyl while leaving methamphetamine felony language to the state. He also noted the Uniform Controlled Substances Act (RCW 69.50) contains preemption provisions that limit local governments from regulating possession or use in ways that conflict with state law.

Councilmembers asked staff to research whether the city can lawfully include adults unintentionally exposed to controlled substances, and to return with proposed language or a legal explanation if inclusion is not feasible. Deputy Mayor Hatenberg said the item will be the first order of business at the council's July 8 meeting.

Public commenters on the item and related public safety topics spoke during the meeting but the council did not adopt the ordinance Tuesday. The motion to adopt was put on hold by a successful motion to table; council members asked staff to bring back a clearer draft and an analysis of preemption and potential liability.

The council did not adopt final penalties or vote on the ordinance’s substance; all substantive decisions on wording, penalties and which populations the ordinance would cover will be determined after staff returns with the requested information.

(Reporting note: direct quotations and ordinance text in this story are taken from the city attorney’s presentation during the June 24, 2025 Spokane Valley City Council meeting.)