Spokane County Adds Misdemeanor for Child Fentanyl Ingestion

Spokane County commissioners approved a new misdemeanor Tuesday for adults whose intentional or negligent fentanyl exposure results in a child swallowing the drug. The offense, called fentanyl endangerment, applies only outside city limits in unincorporated Spokane County. A conviction can bring a $1,000 fine, as many as three months behind bars, or both penalties.

The ordinance cites three accidental overdoses involving Spokane Valley toddlers during a two-month period in 2025. One 2-year-old allegedly mistook fentanyl for candy. A 1-year-old handled their mother’s fentanyl foil, while another 2-year-old played with a spoon their mother had used to take the drug. Preston McCollam, the county prosecutor, said young children have encountered fentanyl itself or contaminated foil in beds, on couches and elsewhere inside homes.

Washington law makes child exposure to methamphetamines a felony carrying as much as 10 years of incarceration and a $20,000 fine. That statute does not cover fentanyl. General reckless endangerment is the closest statewide charge, with possible punishment of one year imprisoned, a $5,000 fine, or both. Counties cannot establish an offense more serious than a misdemeanor, McCollam said. Commissioners Al French and Josh Kerns urged state lawmakers to place fentanyl exposure under the existing methamphetamine law. McCollam believes lawmakers could make that change during this session.