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Snohomish County moves proposed ordinance to make permitting child exposure to controlled substances a gross misdemeanor to public hearing
Summary
On May 12 the Community Safety and Justice Committee considered Ordinance 26-016, which would make it a gross misdemeanor to knowingly or recklessly permit a child or dependent person to ingest, inhale or have contact with a controlled substance not consistent with a valid prescription; the committee moved the measure to GLS May 20 to set a public hearing and requested law-enforcement and prosecuting-attorney input.
Nicole Gourley, counsel staff, presented Ordinance 26-016 to the Community Safety and Justice Committee on May 12, describing a proposal to add a new section to Snohomish County Code chapter 10.50 that would criminalize knowingly or recklessly permitting a child or dependent person to ingest, inhale or have contact with a controlled substance not taken in accordance with a valid prescription.
"Under the proposed code, it would make a gross misdemeanor for someone to knowingly or recklessly permit a child or dependent person to ingest, inhale, or have contact with a controlled substance unless it is in line with a valid prescription issued to the child or dependent person," Nicole Gourley said during the committee briefing. The ordinance would exclude cannabis and draws definitions from state law.
Gourley told the committee the proposed penalty would be up to 364 days in jail, a fine of up to $5,000, or both. Staff provided a sectional analysis and asked counsel to move the ordinance to the Governmental and Legislative Services (GLS) agenda on May 20 to set a time and date for a public hearing.
Committee members pressed staff on legal and enforcement details. One member asked whether the county had received feedback from the prosecuting attorney’s office or the sheriff; staff said Council member Nehring had spoken with both offices and recommended that those offices be invited to provide testimony either at GLS or at the public hearing so their positions are on the record.
Members also asked how the proposed ordinance differs from other child-endangerment statutes and raised concerns about potential racial disparities in enforcement. The committee requested additional data on current state-law enforcement and outcomes for children when a parent is arrested or prosecuted, including whether children go into foster care and how those cases are handled.
Staff and a council member cited local precedents. A committee member said the proposal was inspired by action taken by the city of Everett; Gourley said Pierce County adopted a similar ordinance in June 2024 and reported four cases between June 2024 and November 2025, three charged at the misdemeanor level, with minors taken into protective custody, transported to hospitals, and screened by Child Protective Services.
The committee agreed to move Ordinance 26-016 to GLS on May 20 to set a public hearing and asked staff to follow up with answers to the committee’s questions before that meeting and to invite formal comment from the prosecuting attorney and sheriff’s office.
Next step: Ordinance 26-016 will appear on the GLS agenda May 20 to set time and date for a public hearing and for additional information to be provided to the committee.
