HB 1087
In CommitteeHouse
Criminal endangerment
Expanding the crime of endangerment with a controlled substance to include fentanyl and other high-potency synthetic opioids.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill broadens Washington’s criminal law against drug endangerment to explicitly include fentanyl and other high-potency synthetic opioids, in addition to methamphetamine. It makes it a class B felony to knowingly expose a dependent child or adult to these substances—especially during manufacturing—while protecting legally prescribed use.
- Expands the existing crime of 'endangerment with a controlled substance' to include fentanyl and other high-potency synthetic opioids (as defined in RCW 13.34.030), in addition to methamphetamine.
- Clarifies that the crime applies when a dependent child or dependent adult is knowingly or intentionally exposed to, ingests, inhales, or comes into contact with these substances—including during their manufacture.
- Includes ephedrine, pseudoephedrine, and anhydrous ammonia (used in making methamphetamine) under the law, even if not yet converted to methamphetamine.
- Exempts exposure to legally prescribed controlled substances when administered as directed under chapter 69.50 RCW.
- Classifies the offense as a class B felony, carrying potential penalties of up to 10 years in prison and/or a fine of up to $20,000.
Who is affected
- Dependent children and dependent adults — Children and adults who rely on others for care and may be exposed to dangerous drugs like fentanyl or methamphetamine in homes or care settings.
- Individuals manufacturing or using controlled substances in unsafe environments — People who use or manufacture methamphetamine or fentanyl in ways that risk exposing dependents to these substances.
- Child and adult protective service providers and law enforcement — Social workers, law enforcement, and child protective services staff who investigate cases involving drug exposure in homes or care settings.
- Caregivers and family members with access to controlled substances — Families and caregivers who may unintentionally expose dependents to prescription medications not properly stored or used.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Explicitly criminalizes exposure to fentanyl and other high-potency synthetic opioids—substances with extreme lethality even in microdoses—thereby strengthening legal tools to protect dependent children and adults from life-threatening accidental ingestion, especially in homes where illicit drug manufacturing occurs.
Public SafetyPeopleRef: Sec. 1(1)(b)Clear exemption for legally prescribed use (under chapter 69.50 RCW) helps prevent criminalization of families managing legitimate medical needs—though implementation will depend on training and prosecutorial discretion.
HealthcarePeopleRef: Sec. 1(2)Includes precursor chemicals (ephedrine, pseudoephedrine, anhydrous ammonia) in the offense, allowing earlier intervention in methamphetamine production before dangerous end-products are formed—protecting dependents from exposure during the most hazardous phase of illicit drug manufacturing.
Public SafetyPeopleRef: Sec. 1(1)(a)Classifying the offense as a class B felony provides meaningful deterrence and accountability for willful endangerment, especially in cases where caregivers knowingly expose dependents to fentanyl-laced substances—a growing public health emergency.
Public SafetyPeopleRef: Sec. 1(3)May prompt school- and community-based education campaigns about safe storage and disposal of high-potency medications—though this benefit is indirect and contingent on state funding and local implementation.
EducationLean peopleRef: Sec. 1(1)(b)
Potential Concerns (5)
Criminalizes unintentional exposure to legally prescribed fentanyl or other high-potency synthetic opioids when stored or used in typical home settings—particularly harmful to families managing chronic pain or palliative care, who may lack awareness of strict storage requirements or face logistical barriers (e.g., shared medicine cabinets). This expands prosecutorial discretion in ways that disproportionately impact low-income and rural families with limited access to safe disposal or secure storage options.
Public SafetyPeopleRef: Sec. 1(1)(b)Increases risk of displacement for low-income families in multifamily or subsidized housing: landlords may evict tenants based on unproven suspicion of drug manufacturing or exposure, especially in contexts where law enforcement responds to non-emergency calls (e.g., noise complaints, welfare checks) and misinterprets legal medication use as criminal activity.
HousingPeopleRef: Sec. 1(1)(a) & (b)May deter caregivers—including family members of patients on fentanyl or other high-potency opioids—from seeking or continuing treatment due to fear of criminalization, especially if they lack legal knowledge about the exemption for legally prescribed use. This could worsen health outcomes for patients and caregivers alike.
HealthcarePeopleRef: Sec. 1(1)(b)Sole proprietors and micro-businesses using pseudoephedrine-containing products (e.g., small-scale compounding pharmacies, compounding labs, or even certain wellness shops) may face unintended criminal liability if ephedrine/pseudoephedrine is handled without strict documentation—even when complying with federal logging requirements—due to ambiguous “manufacture” definitions.
Business & EmploymentLean peopleRef: Sec. 1(1)(a)Increases strain on local law enforcement, courts, and correctional systems without specifying new funding—potentially diverting resources from overdose prevention, harm reduction, or mental health crisis response, which are more effective long-term tools for reducing fentanyl-related deaths.
Local GovernmentLean peopleRef: Fiscal Impact section (not in bill text, but noted in summary)
Who Is Most Affected
Dependent children and adults benefit significantly if the bill prevents accidental fentanyl exposure in homes or care facilities. However, those in households with legally prescribed opioids may face disproportionate scrutiny or risk of investigation if storage is imperfect—especially if caregivers are low-income, rural, or have disabilities.
Caregivers and family members with access to controlled substances face increased legal risk—even for unintentional exposure—especially if they lack resources for secure storage or education about legal exemptions. Low-income families are most vulnerable to misinterpretation by law enforcement.
Child and adult protective service providers and law enforcement gain clearer legal authority to intervene in high-risk fentanyl exposure scenarios, but may face increased caseloads and pressure to prosecute non-emergency situations—potentially straining resources and leading to over-criminalization of poverty.
Individuals manufacturing or using controlled substances in unsafe environments face significantly heightened legal exposure, especially those involved in illicit fentanyl or meth production. However, the bill’s focus on “knowing or intentional” exposure may still allow for prosecutorial discretion in borderline cases.