04-19-2022 Reckless Use of Fentanyl in PublicReckless Use of Fentanyl in
Public Ordinance
City Council
April 19, 2,02,2,
Background
Fentanyl is a synthetic opioid and Schedule II
substance usually used to treat patients with chronic
or severe pain following surgery.
Similar to morphine, but about 50-ioox more potent.
Fentanyl has become a large part of the illicit drug
market because of its potency and availability.
It is completely synthetic and cheap to produce. Some
illicit drugs, such as heroin or methamphetamine, are
laced with fentanyl to make them more potent.
Background
Depending on a person's size, tolerance, and usage, z
mg of fentanyl, or an amount about the same as 5
grains of salt, can be fatal.
According to the CDC, synthetic opioids like fentanyl
are the primary cause of overdose deaths in the U.S.
In aoao, fentanyl overtook meth as the drug most
involved in overdoses in Washington state and remains
the top cause at this time.
Background
Over the past two years, there has been a marked
increase of people smoking fentanyl vs. ingesting it in
other ways. (See syringe study from UW Medicine).
According to UW Medicine, the majority of people
dying from overdoses now are smoking drugs rather
than injecting them as in the past.
This increase in smoking drugs, especially fentanyl, in
our region has been covered by the media and
accounts from members of the public and transit
operators have raised concerns.
Proposed Ordinaricc
Creates a gross misdemeanor offense, punishable by
up to 364 days in jail, a $5,000 fine, or combination of
both for:
Intentionally combusting or exhaling the smoke of a
substance the person knew or reasonably should know
contains, or is contaminated with, fentanyl;
The substance smoked is confirmed to contain fentanyl
by testing (field testing or lab testing); and
The substance is smoked in a public place within io feet
of another person, or in an enclosed public space with
another person.
Proposed Ordinaricc
For the purposes of the ordinance, "public space"
includes but is not limited to:
Public conveyances
Parks
Transit stops
Other places open to the public
Ordinance is based on a legal theory similar to the reckless
endangerment state law. Using fentanyl in a way that results
in second-hand exposure to the public is a such a high risk
activity that no reasonable person would do it.
Questions?