Attorney General Austin Knudsen and Montana Department of Justice officials testified before the Senate Judiciary Committee in support of Senate Bill 261, a measure sponsored by Senator Greg Hertz to protect children from exposure to dangerous drugs, including fentanyl.
Currently, state law allows prosecutors to charge adults who expose children to methamphetamine but does not extend the same protections to other hazardous drugs such as fentanyl, heroin, and cocaine. SB 261 seeks to close this legal gap by including all dangerous drugs classified under Schedules I through V—unless prescribed by a doctor—within the existing child endangerment statute.
If passed, the bill would also criminalize additional offenses under the statute, including:
- Causing or allowing a child to inhale, ingest, or be exposed to marijuana or THC-infused products, such as edibles and beverages.
- Assisting, promoting, or encouraging a child to enter a location involved in human trafficking.
- Assisting, promoting, or encouraging a child to enter a site where dangerous drugs are being illegally produced or manufactured.
“This is a simple fix that will help keep Montana children safe from dangerous drugs. We know fentanyl is an extremely dangerous substance and it should be treated as such in state law,” Attorney General Knudsen stated. “I encourage the Legislature to join me in support for Senate Bill 261.”
Senator Hertz echoed these concerns, emphasizing the importance of holding adults accountable. “Exposing kids to dangerous drugs or unsafe criminal environments is unconscionable. Adults are responsible for the safety and well-being of children, and SB 261 will hold them accountable to that,” Hertz said.
The bill will now move forward for further consideration in the legislative process.
By: Montana Newsroom staff
