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Bill to add fentanyl and THC exposure to child endangerment statutes draws debate
Summary
SB261 would add fentanyl, other scheduled drugs and THC products to felony criminal endangerment of children; Attorney General Austin Knudsen and prosecutors backed the change as filling an omission, while lawmakers pressed for clarity on what 'exposed to' covers and how prosecutors would apply the law.
Sen. Greg Hertz presented Senate Bill 261 to the House Judiciary committee, proposing to expand felony criminal endangerment of children to include causing or permitting a child to inhale, be exposed to, or ingest marijuana, THC‑containing products and fentanyl and other scheduled drugs.
Montana Attorney General Austin Knudsen said the bill primarily corrects an oversight from last session by adding fentanyl and other drugs to child endangerment statutes; he described practical examples encountered by law enforcement during searches and visits to Children’s Advocacy Centers. "This is a fentanyl bill primarily," Knudsen said, adding the office also supported including THC.
Selene Koepke, an assistant attorney general and former prosecutor, and Dan Smith of the Montana Police Protective Association each testified in support, citing prosecutorial and law enforcement encounters with children exposed to drug residues, edible THC products left accessible to children, and other hazardous conditions.
Representatives pressed for statutory precision. Committee members asked whether "exposed to" is a defined phrase (witnesses said it is not a defined term in the criminal code and therefore would rely on plain meaning and prosecutorial discretion) and whether simple lawful possession (for example, sealed edibles) could trigger a felony charge. Prosecutors said charging would turn on factual circumstances and mental‑state elements; they said they could not imagine pursuing cases where substances were securely stored and no intent or knowledge could be established.
Lawmakers also asked why alcohol was not included; the Attorney General said modern high‑concentration THC products present different risks and that the legislature could choose to include alcohol but had not in this bill. Senator Hertz cited DPHHS data about pediatric cannabis poisonings and urged confidence in prosecutors and juries to sort appropriate charges.
The hearing closed after extended questioning; no immediate committee action was recorded.
