by The Spokane Valley City Council unanimously approved a stronger local ordinance Tuesday aimed at addressing a gap in state law around fentanyl-related reckless endangerment, especially when children or elderly residents are exposed.
Why It Matters
- Washington’s current felony endangerment law applies only to methamphetamine, leaving fentanyl cases harder to prosecute under state statutes.
- The new Spokane Valley ordinance applies to any controlled substance, including opioids like fentanyl, and includes mandatory minimum jail sentences.
Key Details of the Ordinance
- Applies to anyone who knowingly or recklessly causes another person to come into contact with controlled substances.
- Penalties include:
- 90-day mandatory minimum for first offense
- 180-day mandatory minimum for second or subsequent offenses
- Charges are filed as gross misdemeanors, in line with the limits of municipal authority.
Background
- The law was initially drafted to protect children, after two toddlers overdosed on their parents’ fentanyl stash earlier this year.
- Officials expanded the ordinance to also protect elderly and other vulnerable community members.
Overdose Data Prompted Action
- 734 ER visits for children under 18 and 663 for adults over 65 due to drug exposure were reported between 2023 and 2024.
- 350 overdose deaths occurred in Spokane County in 2024—a 15% rise from the previous year.
- Fentanyl-related deaths surged by 19,000% between 2018 and 2023.
Legal Debate
- Councilmember Al Merkel raised concerns about negligence vs. intent, or “mens rea,” asking whether the law would cover unintentional exposure.
- City attorney Tony Beattie clarified the ordinance targets those who act knowingly or recklessly, after consulting with the Spokane County Prosecutor’s Office.
What Happens Next
- The ordinance is now in effect and will be reviewed as cases are prosecuted.
- City leaders may revise it in the future based on real-world outcomes and legal effectiveness.
