Proposed Washington bill aims to criminalize public fentanyl and meth smoke exposure

WASHINGTON — Ahead of the 2024 Washington Legislative Session, a bill has been introduced that would make it a gross misdemeanor across Washington state to exhale fentanyl or methamphetamine smoke in public spaces.

Rep. Sam Low (R-Lake Stevens) announced plans for House Bill 2002 on Dec 27.

As part of the possible legislation, House Bill 2002 would make it a gross misdemeanor to knowingly or intentionally exhale the smoke of fentanyl, methamphetamine, or their derivatives in a public space within 10 feet of another person or within an enclosed public space with another person. It would also make it a class C felony if a minor is exposed to those fumes.

“The pervasiveness of fentanyl and meth poses a clear and present danger to the health and safety of all Washingtonians,” said Rep. Low. “We must do more to protect them and others from exposure to these deadly poisons. We can do that through this bill, which would hold individuals accountable for putting their fellow citizens at risk.”

RELATED: UW study finds drug residue lingers on public transit; health officials claim risk is low

According to a 2022 report by the Washington Poison Center, health workers have "seen an increase in opioid exposure in each age group, with a corresponding dramatic increase in fentanyl deaths.”

Additionally, a surge in fentanyl deaths, including among children, has marked the latest iteration of the years-long opioid crisis. The most recent provisional figures from the federal Centers for Disease Control and Prevention estimate that more than 78,000 people died from overdoses involving synthetic opioids in the 12 months ending June 2023, accounting for 92% of all opioid overdose deaths during that period.

In August, researchers with the University of Washington (UW) found meth and fentanyl residue is prevalent on public transit. The study examined the results of surface and air samples taken on transit in the Seattle and Portland areas over the summer. All of the surface samples taken on buses had quantifiable methamphetamine, and 48% tested positive for fentanyl, though the levels did not alarm health officials at the Washington Poison Center.

“Based on what was measured, we would not expect to see a health effect from these concentrations," said Dr. Scott Phillips of the Washington Poison Center.

RELATED: Seattle bus driver says fentanyl smoke makes him sick; health dept. says it's no real risk

KOMO News spoke to a bus driver who was repeatedly sickened from passengers smoking fentanyl on his busses. Stevon Williams told KOMO he has spent 14 of the last 18 months off the job recovering from the lingering effects of fentanyl exposure.

"When it hits me, my eyes become blurred, my head starts to hurt, and it makes it very dangerous for someone to drive a bus with passengers on it," he said.

As a result, Williams told KOMO News he believes the possible legislation is a step in the right direction.

"You're giving the person who's addicted an opportunity to get some help. You're giving them a choice: stay in jail or get treatment," he said, adding that he has been clean and sober from drugs for 16 years himself.

The 2024 legislative session begins Monday, Jan. 8.