Longview Passes Ordinance Criminalizing Child Exposure to Schedule I and II Controlled Substances
核心洞察
The Longview City Council passed Ordinance 3579 by a 6-1 vote, making it a gross misdemeanor for adults to expose children to Schedule I and II controlled substances.
The law targets fentanyl, heroin, cocaine, methamphetamine, and prescription opioids such as Percocet, addressing a gap in state law that only covered methamphetamine exposure.
An amendment to exempt minors who access a family member's lawfully prescribed medication failed by a 2-5 vote, with officials warning such exemptions could create unintended protections for drug diversion.
The Longview City Council has enacted a new ordinance making it a gross misdemeanor for adults to expose children to Schedule I and II controlled substances, closing a gap in Washington state law that previously criminalized only methamphetamine exposure. The measure, officially known as Ordinance 3579, passed by a 6-1 vote after months of debate and takes effect immediately.
The ordinance targets substances including fentanyl, heroin, cocaine, methamphetamine, and prescription opioids such as Percocet. According to the DEA, Schedule I substances have a high tendency to be abused, with examples including heroin or LSD. Schedule II narcotics include prescription medications with a high potential for abuse, such as opioid painkillers OxyContin, Percocet, Vicodin and Demerol, along with central nervous system stimulants such as Adderall and Ritalin. Senior Assistant City Attorney James Goodman noted that Schedule II narcotics extend beyond prescription drugs, as cocaine is also classified as a Schedule II controlled substance.
The ordinance was prompted by the fentanyl-related death of an infant earlier this year. Lashaia Shanmarie-Amy Avila is serving a six-year prison sentence and undergoing court-ordered substance abuse treatment after pleading guilty to a second-degree manslaughter charge, admitting she exposed her 3-month-old son to a lethal amount of fentanyl. Mayor Erik Halvorson noted that state law does not broadly cover such exposure, as the existing statute, "Endangerment with a controlled substance," applies only to adults who expose a child to methamphetamine.
The council debated the scope of the ordinance at length. Council member Ruth Kendall sought to limit the law to fentanyl and Schedule I controlled substances, arguing that some commonly prescribed medications were "not in the original spirit of where we started." However, Council member Kalei LaFave advocated for a broader law covering all Schedule I and II controlled substances, noting that Percocet is another medication being abused by all ages. "Is that like saying instead of a Glock it was just a .22?" LaFave asked. "When are we picking and choosing which one does the most damage, especially to children?"
A key point of contention involved potential exemptions for minors who access a family member's lawfully prescribed medication. Kendall proposed a revision to exclude such cases, but it failed by a 2-5 vote. Goodman warned that exemptions for prescriptions could have backfired, explaining that prescriptions are the most common controlled substances sold on the street, and the amendment could have created unintended protections if a teen stole a prescription from their home and sold it. LaFave argued that the responsibility falls on adults to secure all prescription medications, stating that residents need to get a safe or lockbox to secure them.
The ordinance defines "child" as a person under 18 years of age, standardizes definitions of "Controlled Substance" with state law, and defines other terms such as "exposed," "knowingly" and "recklessly." The council had earlier made a motion "to include in utero language" during a July 14 public hearing, though the topic was ultimately tabled until the August meeting.
Longview joins other Washington municipalities that have passed similar laws to fill the state-level loophole. The city of Gig Harbor and Pierce County each passed a similar ordinance in 2024, and the city of Everett passed an ordinance earlier this year. Local Republican state legislators have made multiple attempts to change the law at the state level, including Senate Bill 5010 and House Bill 1087, but the legislation never advanced out of committee.
Law enforcement will use the ordinance as a tool when responding to cases of child endangerment involving controlled substances. Council member Chris Bryant emphasized that "strengthening public safety" was one of the council's priorities for the year, stating, "If we broaden it with exceptions, that's not going to strengthen public safety as I see it."