A New Hampshire painter was charged last summer with reckless conduct for exposing police officers to fentanyl. Prosecutors argued that fentanyl was a deadly weapon, reports the New York Times. As stories circulate of the lethality of powdered fentanyl and its cousin, carfentanil, similar cases have been brought in Maine, Michigan, Indiana, Ohio, Wisconsin, North Carolina and Kentucky, with charges ranging from wanton endangerment to assault. At least two people are serving sentences of up to three years. In the case of an Ohio officer who was said to have nearly died after brushing some fentanyl off his shirt, a man pleaded guilty to assault and was sentenced to 18 months.
Medical professionals say the risks from accidental exposure to opioids are actually very low. The prosecutions have been driven by fear, they say — not science. None of the incidents has caused a death, or even symptoms of opioid overdose. Even so, there has been no shortage of warnings that unidentified powders can kill. A 2016 video by the Drug Enforcement Administration warned law enforcement that touching fentanyl or breathing in just a few airborne particles could be fatal. Dozens of police officers and medics have been given naloxone, a drug that reverses opioid overdoses, to treat suspected on-the-job exposures. Those affected have complained of dizziness, nausea, and lightheadedness. Some pass out. In Ohio, after a prisoner overdosed, 23 correction officers and four nurses were treated for possible opioid exposure, 31 inmates were relocated, and a nearby school was placed on modified lockdown. Doctors contend that many precautions are unnecessary. A dose of powdered fentanyl the size of a few grains of sand can prove lethal, and carfentanil is even more potent. The drugs must generally be deliberately ingested, not accidentally touched or inhaled, to cause a reaction.