The Lynnwood City Council approved a new ordinance on Monday, establishing a gross misdemeanor penalty for individuals who knowingly or recklessly expose children to most controlled substances. The measure passed with a 5-1 vote. Council member Isabel Mata cast the sole dissenting vote, citing a desire for further deliberation, while Council member Bryce Owings was absent from the session.
This local legislation addresses a gap in current state law. In 2002, the Washington State Legislature enacted a statute making it a Class B felony to knowingly allow a child’s exposure to methamphetamine. However, that provision does not extend to other controlled drugs like cocaine or fentanyl. Recent efforts to broaden the state law have stalled in committee, with the latest attempt occurring earlier this year.
Lynnwood police leadership first introduced the proposed ordinance to the council on Sept. 21. The city joins Everett, Snohomish County, and Marysville, which adopted similar measures earlier in the year to bridge the legislative gap. Police Chief Cole Langdon noted that handling child drug exposure cases has been physically and emotionally taxing for officers, particularly given the lack of robust intervention tools.
Deputy Chief Chuck Steichen highlighted a specific incident from June to illustrate the issue. Officers responded to a report at Alderwood Mall regarding a child hanging from a vehicle while two adults were unconscious in the front seats. A search revealed significant quantities of fentanyl and methamphetamine. The child subsequently tested positive for fentanyl at a hospital. The prosecutor’s office declined to file a second-degree felony charge for criminal mistreatment because the existing state law did not cover fentanyl.
Steichen explained that without specific criminal sanctions, authorities struggle to address the severe risks posed to vulnerable individuals. He stated that the current legal framework offers limited options for penalizing those who place children or vulnerable adults in dangerous situations.
At the municipal level, a gross misdemeanor represents the maximum penalty Lynnwood can impose; elevating the offense to a felony would require action from the state Legislature. Chief Langdon argued that establishing this city-level charge provides a meaningful mechanism for judicial intervention. This allows courts to implement support frameworks for individuals struggling with addiction while simultaneously protecting those in their care.
The new ordinance contains a specific exemption for marijuana, a provision that distinguishes it from the laws passed in Everett and Marysville, though it aligns with the Snohomish County statute. All other controlled substances are covered under the Lynnwood rules. The law also extends its protections to vulnerable adults, including those with developmental disabilities.
Under the new rules, offenders face a penalty of up to 364 days in jail and a $5,000 fine. During the Monday meeting, Mata expressed concern that the system might prioritize punishment over treatment for individuals caught in the cycle of addiction. She criticized a recurring pattern where individuals are jailed and then returned to the streets without adequate support.
Both Chief Langdon and Municipal Court Judge Valerie Bouffiou countered that bringing these cases to court creates additional opportunities for diversion programs, potentially steering offenders toward treatment rather than solely incarceration.
City Council member Chelsea Wright stated that if the proposed diversion program had been available during the administrations of former presidents Richard Nixon and Ronald Reagan, the outcomes for members of her community might have been more favorable. Wright emphasized the significance of the measure, noting that several relatives of hers spent extended periods in incarceration despite potentially qualifying for diversion options.
The local ordinance faces potential nullification should the state Legislature enact legislation that preempts the city’s rules. In such a scenario, the Lynnwoods law would cease to be active.