SEATTLE — Seattle City Attorney Ann Davison and a pair of Seattle City Council members introduced legislation on Thursday that would prohibit the use of drugs in public places. The proposed law would make public drug use a misdemeanor, allowing for prosecution of the crimes.
"This legislation gives our officers a tool to interrupt that behavior, and it provides the City Attorney with the ability to prosecute," said Seattle City Councilmember Sara Nelson, who is one of the sponsors of the legislation.
Davison, along with council members Sara Nelson and Alex Pedersen, modeled the legislation after a similar ordinance proposed in Bellingham. Local jurisdictions are scrambling to introduce drug possession and use legislation after the state legislative session failed to produce an updated bill ahead of the state's current law expiring in July.
“The epidemic of drug use is killing Seattle residents and depriving the public of spaces intended to be safe for everyone. We will not give up areas of our city to overt drug use and antisocial behavior, and this legislation will bring a critical tool to disrupt open-air drug markets, reclaim our green spaces and sidewalks and protect transit riders,” said Davison. “I will continue to work with our diversion partners to help people move toward treatment and get the help they need. I call on state lawmakers to increase available residential treatment options as well as funding for in-custody treatment.”
Overdose deaths in Seattle have increased by 72% year-over-year, according to a release from the city. City data shows that in 2023, there were 589 overdose deaths. In 2022, there were 342.
"This is a drug crisis, and people are dying," said Nelson. "And we have got to face the fact that law enforcement is a component of our response."
The current state law expires in July, which classifies drug possession as a misdemeanor on the third arrest. There is a maximum sentence of 90 days in jail, up to $1,000 in fines, or both after a third arrest.
"Our state government has left a gap in enforcement, so we need to fill that gap for health and safety," said Seattle City Councilmember Alex Pedersen, who is a sponsor of the legislation.
Drug possession was a felony before 2021, but Washington State's Supreme Court threw that out. Inslee said earlier in the weekend he believes the state has needed to reform its drug enforcement and treatment laws ever since.
"A misdemeanor is the bare minimum we should be implementing for illegal drug use in our public spaces," said Pedersen.
The Alliance for Pioneer Square is backing the proposal.
“We are in support of this legislation. I think it's a step forward in improving public safety, not only in Pioneer Square again, but across Seattle,” said Chris Woodward, Community Development Director with Alliance for Pioneer Square.
KING 5 received a statement from Seattle Mayor Bruce Harrell regarding the proposed legislation that said, in part:
"I want to see that this legislation was created with appropriate input from impacted communities, law enforcement and first responders, and providers of triage and treatment. Another policy tool helping people accept services may enhance our efforts, but recreating the war on drugs would crater them. While the Council debates this legislation, our focus will remain on urgent action outlined in our Executive Order last week to expand treatment access and options – along with novel preventative services – to save lives, keep communities safe, and help those in need recover and rebuild."
Downtown Seattle Association President and CEO Jon Scholes sent the following statement:
“Seattle’s drug crisis is a public health emergency, and it demands urgent action. The state Legislature has failed to act, and therefore local leaders must step forward to address people dying on our streets and the many associated impacts these dangerous drugs have on our neighborhoods. We see lives lost or derailed daily throughout the city. Our own downtown ambassadors have administered Naloxone to 75 people in just the last four months. To combat this crisis, we need to interrupt the supply chain, shut down street sales and use of these deadly drugs and increase investment in treatment. As a community, we took on COVID-19 with urgency. We must act in a similar fashion when it comes to this public health crisis.”
The Seattle Metropolitan Chamber of Commerce sent KING 5 a statement that read:
“The scale of fentanyl and methamphetamine use in our region demands that officials take action at every opportunity. We need to support individuals with treatment options, we need crisis response, and we need to address the very real public safety issues that come alongside the public use of dangerous drugs. To that end, we supported King County’s Crisis Care Levy, which the voters are passing; we worked closely with Mayor Bruce Harrell on his executive order on fentanyl, and we support today’s proposal as another tool aimed at disrupting deadly fentanyl distribution. People are dying in our communities every day and while the idea of a patchwork approach to laws regulating drug use and possession across the state is frustrating, the absence of the state taking action means our local officials will.”