Seattle City Council OKs law to prosecute for having and using drugs such as fentanyl in public

The council voted to approve the measure by a 6-3 vote on Tuesday, aligning the city’s code with a new state law.

  • By Wire Service
  • Thursday, September 21, 2023 10:35am
  • Northwest
NO CAPTION. Logo to accompany news of Seattle.

Associated Press

SEATTLE — The Seattle City Council on Tuesday adopted a controlled substance law after rejecting it earlier this summer, making the possession and public use of drugs such as fentanyl a gross misdemeanor.

The council voted to approve the measure by a 6-3 vote on Tuesday, aligning the city’s code with a new state law.

The ordinance allows the city’s police officers to arrest people for using drugs in public when they deem the person a threat to others. The measure also emphasizes outreach, health treatment programs and other alternatives to arrest.

Supporters of the ordinance say enforcement of the law will help with public safety around the city as it and the rest of the country work to address the drug crisis of people mostly using and often overdosing on fentanyl. They say the measure could also move some people into treatment programs for substance use disorder.

“This is not a perfect bill, but it’s time to get this done because every day we (don’t) there are people that die,” said Councilmember Sara Nelson, who had pushed for the bill.

Councilmembers Teresa Mosqueda, Kshama Sawant and Tammy Morales voted against it as they did with the initial proposal. They and other opponents said the law could revitalize the so-called war on drugs which jailed users and disproportionally affected low-income people and people of color.

Morales said the bill that passed Tuesday remains ineffective, The Seattle Times reported.

“It adds potential racial harm and makes false promises at a time when folks are desperate for solutions,” Morales said.

After the original bill failed to pass, the council and a task force formed by Mayor Bruce Harrell made changes to prioritize arrest alternatives and promised additional money for treatment. Both were more agreeable to Councilmember Lisa Herbold and Councilmember Andrew Lewis, who changed their votes to support the measure Tuesday.

“This legislation … for the first time in Seattle, explicitly states that diversion and treatment should be the foundation of our response to drug use,” Herbold said.

Harrell pledged $27 million for services when he introduced the new version of the bill, but it won’t be available all at once. It amounts to $7 million in unspent federal funds for treatment services and around $1 million each year from state settlements with pharmaceutical companies that make and distribute opioids.

Nelson also succeeded in removing a requirement that officers “make a reasonable attempt to contact and coordinate efforts for diversion, outreach, and other alternatives to arrest” before arresting people. Officers “may” determine “whether the individual, through their actions and conduct, presents a threat of harm to others” before arresting people using drugs in public, diluting Harrell’s version which said police “will” make those considerations.

The mayor said in a statement Tuesday he will sign the bill, which will go into effect 30 days later. In the next week he will will issue an executive order with police department training and guidance on implementation and metrics to track progress.

“We will continue pursuing a dual public health and public safety approach — leading with treatment for those suffering from substance use disorder and focusing our law enforcement resources on the dealers, traffickers, and individuals causing the most harm,” Harrel said, adding that continued support from the county, state and federal governments would be needed to solve the current crisis.

State lawmakers had been under pressure to pass a new law this year because a temporary law that made intentional drug possession illegal was due to expire July 1.

The temporary measure was approved after the Washington Supreme Court in 2021 struck down as unconstitutional the state law making drug possession a felony because it did not require prosecutors to prove someone knowingly had the drugs. Washington was the only state in the country without that requirement.

The new Washington law signed by Gov. Jay Inslee in May struck a balance between public order and compassion for people struggling with substance use, lawmakers have said.

The state law, which the city followed, makes it a gross misdemeanor punishable by up to six months in jail for the first two drug possession offenses and up to a year after that. Police and prosecutors are encouraged but not required to divert people into treatment or other services.

The state measure provides $44 million for investments that include methadone mobile units, crisis centers and short-term housing for people with substance use disorders.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Northwest

Alaska Airlines aircraft sit in the airline's hangar at Seattle-Tacoma International Airport Wednesday, Jan. 10, 2024, in SeaTac, Wash. Boeing has acknowledged in a letter to Congress that it cannot find records for work done on a door panel that blew out on an Alaska Airlines flight over Oregon two months ago. Ziad Ojakli, Boeing executive vice president and chief government lobbyist, wrote to Sen. Maria Cantwell on Friday, March 8 saying, “We have looked extensively and have not found any such documentation.” (AP Photo/Lindsey Wasson)
FBI tells passengers on 737 flight they might be crime victims

Passengers received letters this week from a victim specialist from the federal agency’s Seattle office.

Skylar Meade (left) and Nicholas Umphenour.
Idaho prison gang member and accomplice caught after ambush

Pair may have killed 2 while on the run, police say. Three police officers were hospitalized with gunshot wounds after the attack at a Boise hospital.

Barbara Peraza-Garcia holds her 2-year-old daughter, Frailys, while her partner Franklin Peraza sits on their bed in their 'micro apartment' in Seattle on Monday, March 11, 2024. (AP Photo/Manuel Valdes)
Micro-apartments are back after nearly a century, as need for affordable housing soars

Boarding houses that rented single rooms to low-income, blue-collar or temporary workers were prevalent across the U.S. in the early 1900s.

Teen blamed for crash that kills woman, 3 children in Renton

Four people were hospitalized, including three with life-threatening injuries. The teenage driver said to be at fault is under guard at a hospital.

Washington Gov. Jay Inslee proposed his final state budget on Tuesday. It calls for a new wealth tax, an increase in business taxes, along with some programs and a closure of a women’s prison. The plan will be a starting point for state lawmakers in the 2025 legislative session. (Jerry Cornfield / Washington State Standard)
Inslee proposes taxing the wealthy and businesses to close budget gap

His final spending plan calls for raising about $13 billion over four years from additional taxes. Republicans decry the approach.

The Snohomish County Jail is pictured on Thursday, Oct. 26, 2023, in Everett, Washington. (Ryan Berry / The Herald)
First bills drop ahead of WA’s 2025 legislative session

Permanent standard time, immigration policies and fentanyl penalties were among the proposals pre-filed Monday.

Teslas charging in Victorville, Calif., on March 11. Elon Musk, the chief executive of Tesla and one of President-elect Donald Trump’s biggest supporters, has said the government should eliminate all subsidies for electric vehicles. (Lauren Justice / The New York Times)
Once a must for wealthy Seattle-area liberals, Teslas feel Elon backlash

For many, Tesla has changed from a brand associated with climate action and innovation to something “much more divisive.”

The livery on a Boeing plane. (Christopher Pike / Bloomberg)
Boeing’s new CEO clips corporate jet trips in show of restraint

It’s one of several moves by Kelly Ortberg in recent months to permanently shrink Boeing’s costs.

Dorian Cerda, who was aboard a plane that caught fire over the Gulf of Mexico, in Lake Placid, Fla., on Sunday. Extreme turbulence, a blown-out door, an engine on fire: For passengers and crew members who have experienced in-air emergencies, the pain endures. (Saul Martinez / The New York Times)
‘Everyone thought we were going to die’: Life after flight trauma

After the midair Alaska Airlines blowout earlier this year, Shandy Brewer has had recurring nightmares. She’s not alone.

Snohomish County Superior Courthouse in Everett, Washington on February 8, 2022.  (Kevin Clark / The Herald)
WA court system outage means firearm sales on hold

Buyers must wait until the Washington State Patrol can access databases for background checks.

Washington Attorney General Bob Ferguson speaks at the Snohomish & Island County Labor Council champions dinner on Tuesday, Oct. 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Ferguson, WA Democrats prepare for new era of showdowns with Trump

Gov.-elect Bob Ferguson and Attorney General-elect Nick Brown are readying their legal teams.

From left to right, Dave Larson and Sal Mungia.
WA Supreme Court race is incredibly close

Just 0.05% separated Sal Mungia and Dave Larson on Tuesday. More votes will come Wednesday.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.