Seattle City Council is considering legislation that would align the city code with the state’s recently passed law classifying the public use and possession of controlled substances as a gross misdemeanor. Seattle City Council rejected similar legislation on June 6. Now, it has the chance to reconsider.
Without legislation conforming city code and state law, the city attorney is unable to prosecute possession and public use cases. While Seattle Police Department can make arrests under the state law, the county attorney’s office is responsible for prosecuting these misdemeanors. The county attorney has expressed support for the conforming legislation but signaled the county does not have the resources to prosecute misdemeanors in lieu of the city attorney.
To help members better understand this issue, the Chamber has assembled this handy timeline.
2021
- The Washington State Supreme Court declared the state’s drug possession laws at the time unconstitutional. The ruling is known as the Blake Decision.
- Legislators passed a temporary law classifying drug possession as a simple misdemeanor, requiring people are referred to treatment twice before they are charged. The law was set to expire on July 1, 2023.
2023
- April
- State: With the state’s drug law soon expiring, legislators during session failed to agree on a bill to determine the penalty for drug possession and public use.
- City: To ensure Seattle would have laws addressing drug use and possession, regardless of state action, Councilmembers Alex Pedersen and Sara Nelson and City Attorney Ann Davison introduced legislation that would make the public use of drugs a simple misdemeanor in Seattle.
- May
- State: During a special legislative session, lawmakers passed a compromise bill classifying drug possession as a gross misdemeanor, reduces the associated fines and maximum confinement and encourages prosecutors to refer people to treatment programs.
- City: Nelson, Pedersen and Davison submitted updated legislation to conform with the state action on drug use and possession.
- June
- The Nelson/Pedersen/Davison bill failed to be approved by the Seattle City Council, 4-5.
- Mayor Bruce Harrell announced plans to form a 24-member work group to advance effective and sustainable solutions addressing public drug use.
- July
- Harrell announced a set of actions, including:
- Investments exceeding $50 million toward facilities, treatments, services and a long-term strategy and plan to increase treatment and overdose response services.
- A new bill, which would:
- Codify state law and make public consumption of illegal drugs a gross misdemeanor in the City of Seattle.
- Designate diversion and treatment as the preferred approach to addressing substance use issues.
- Define a new threat of harm standard that differentiates between drug use that threatens others versus the individual alone.
- Harrell announced a set of actions, including:
- August
- Seattle City Council will hold a Public Safety and Human Services Committee meeting on August 14 to discuss the legislation and will likely consider taking a vote in September. Make your voice heard – fill out this form to learn more about public testimony or email city council using our advocacy tool—it takes less than a minute.