Despite a resounding lack of evidence showing that secondhand exposure to fentanyl is likely to cause any sort of overdose or physical harm in most cases, the West Virginia House on Friday advanced a bill to create felonies for exposing anyone to the drug.

House Bill 5319 would implement two new felonies in state code, one for exposing someone to fentanyl and causing “bodily injury” and another for causing death tied to the exposure. If convicted on the former charge, an individual would face three to 15 years in jail, and for the latter they could face 15 years to life.

Per the proposed code, “exposure” would mean any sort of contact with any form of the drug, including but not limited to skin contact, inhalation, ingestion or contact through a needlestick injury. In order to prove the exposure, a medical professional would have to “immediately” administer a test on the exposed person, and penalties could only be imposed if that test is returned positive for fentanyl or any derivatives.

As originally introduced, the bill would have only applied to people who expose law enforcement officers, among other first responders, to any opioid. A committee substitute approved by House Judiciary on Monday specified the bill would only be for exposure to fentanyl or any of its derivatives. On Thursday, lawmakers in the House adopted an amendment that would make the code section apply when anyone is exposed to the drug through illicit means, not just first responders.

It is already illegal in West Virginia to possess fentanyl or other controlled substances without a prescription.