Proposed change to Washington drug law aims to protect children; critics disagree

VANCOUVER, Wash. (KPTV) – Although fentanyl has contributed to a recent increase in overdose deaths, the drug is not included in Washington state's drug endangerment law.

Erik Podhora, the assistant district attorney in Clark County, is leading the effort to change the law to include fentanyl. He came up with the idea of ​​adding fentanyl to Washington's drug endangerment law while working at the Children's Justice Center.

“We are going to see really, really tragic budget situations,” Podhora said.

Podhora said he has seen too many cases of neglect and abuse related to fentanyl, but has not been able to change the child's parents or guardians.

“If it had been methamphetamine, the charge would be obvious,” he said. “But unfortunately it was not applicable because the cases we investigated were primarily fentanyl.”

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According to Washington Legislature, the Drug Endangerment Law states: “A person is guilty of the crime of controlled substance endangerment if he or she knowingly or willfully permits a dependent child or dependent adult to be exposed to, ingest, inhale, or come into contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers. Controlled substance endangerment is a Class B felony.”

Podhora said the existing law was written at a time when methamphetamine and the manufacturing of methamphetamine in homes were a major problem in terms of exposing children to drugs. But now, Podhora said, he wants the law changed to include fentanyl.

He presented his idea to a local senator, who in turn presented it to his Senate committee. However, the bill failed in the House of Representatives.

Critics of the proposed change believe that arresting people with substance use disorders would only make the situation worse.

David Trieweiler, a Seattle-based criminal defense attorney, said the proposed change would mean “a continuation of the same failed policy.”

“Putting them in prison is worse for them, worse for their children, worse for their families, worse for our society,” Trieweiler said.

Instead of focusing on changing laws, Trieweiler said lawmakers should focus on creating additional resources to help people battling addiction.

“Forcing people to go into treatment is not particularly effective. That's the most important thing,” Trieweiler said. “Secondly, people who are addicted to drugs don't really want to be addicted to drugs. You have to take other approaches.”

Podhora agrees that prison sentences are not the solution for all drug-related cases, but he told FOX 12 that he believes people need to be held accountable, especially when children are involved.

“From their perspective, being in the midst of addiction and not having to fear any consequences – other than possible loss of parental rights or custody – is probably not enough of an incentive to change,” Podhora said.

Ultimately, Podhora wants to focus on protecting children in vulnerable situations. He said adding fentanyl to the Drug Endangerment Act would help bring justice not only to children who have died from the drug, but also to those who have survived.

“It's incredibly scary to have an unresponsive child who has overdosed, and the difference between life and death is very small under those circumstances,” Podhora said.

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