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Seattle drug use cases in limbo as new state law goes into effect

Today is the last day before a state law on drug possession and public drug use takes effect. That means drug use cases aren't being prosecuted.

SEATTLE — Monday, Aug. 14 marks the last day before a state law on drug possession and public drug use takes effect

That means drug use cases are currently in limbo as the Seattle City Council tries to pass an ordinance. 

Mayor Bruce Harrell introduced a proposed drug use ordinance to the city council at the end of July after council members shot down adopting the new state law. This new ordinance, if passed, would make drug use a gross misdemeanor with a treatment-based approach. 

"This is a defining point in our city's history and that's the importance of doing it right. It can redefine how we go about treating this epidemic, treating the issues of public safety and fentanyl and opioid methamphetamine use," said Harrell.

On Tuesday, Aug. 15, Councilmember Alex Pedersen proposed speeding up a vote on the ordinance. The vote failed.

Previously, these cases went through the King County Prosecuting Attorney's Office.

 "If you're across the street in unincorporated King County, that case comes to us. If you're on the other side in Seattle, there's a question of what will happen with those cases until the city council acts," said Casey McNerthney with with the Prosecuting Attorney's Office.

The new state law would require the Seattle Attorney's Office to take these cases, but without a city ordinance, they can't touch them. In a statement, Seattle City Attorney Ann Davison said, in part, that the office "must wait until 30 days after the mayor signs the legislation to act on those cases."

A city council committee discussed the ordinance Monday.

"The next couple of weeks, hopefully it will pass. So this period of ambiguity we hope lasts only a couple weeks," said Harrell. 

When asked if he was disappointed in the fact that the council is taking so long, this is Mayor Harrell said, "So, it's not so much disappointment as just a heightened sense to encourage them and inspire them to work hard to get this done."

Police can still make arrests, but the Seattle Police Officers Guild argues that, in King County, officers can't book people in jail for misdemeanors due to COVID-19 restrictions. 

"The drug ordinance we fully support. We want people to get treatment, but also understand if they don't want to participate in treatment, well then jail is an option. Well right now we don't have the ability to book someone in jail for a drug offense," said Mike Solan with the Seattle Police Officers Guild.

Organizations like Evergreen Treatment Services spoke out at the council meeting and oppose this proposed ordinance for criminalizing drug use. 

The legislation will officially be introduced at Tuesday's council meeting. It's unclear when a vote will happen. The council goes on break at the end of this month.  

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