Seattle City Council Approves Law to Criminalize Public Drug Use and Possession

On Tuesday, the Seattle City Council voted 6-3 to align the city’s municipal code with a 2023 state law, making public drug use and possession a gross misdemeanor. 

The decision gives the Seattle City Attorney’s Office, led by Ann Davison, the authority to prosecute these offenses. Under the new law, penalties for public drug use can include up to 180 days in jail and a $1,000 fine for the first two offenses. Repeat offenders with two prior convictions could face up to 364 days in jail.

Councilmembers Lisa Herbold, Andrew Lewis, Debora Juarez, Sara Nelson, Alex Pedersen, and Dan Strauss voted in favor of the ordinance, while Tammy Morales, Teresa Mosqueda, and Kshama Sawant opposed it.

Supporters of the bill argue that it provides a much-needed tool to address the city’s ongoing drug crisis. They point to the importance of having legal options to manage public drug use, which many believe is contributing to deteriorating public safety and health conditions in parts of the city.

The revised version of the bill, co-sponsored by Councilmembers Herbold and Lewis, places more emphasis on diversion and treatment options, encouraging law enforcement to direct individuals toward rehabilitation services rather than incarceration whenever possible. Supporters see this as a balanced approach that addresses both public safety concerns and the need for treatment for those suffering from substance-use disorders.

“Without passage of this law limiting arrests, I believe more harm would be done, not less,” said Herbold at Tuesday’s council meeting. 

However, critics of the law are concerned that it will disproportionately impact marginalized communities and lead to unnecessary incarceration. Opponents argue that the bill revives a punitive approach to drug use that has historically failed and has had lasting negative impacts on Black and brown communities. They question whether the city has sufficient resources to support the diversion programs emphasized in the bill.

Councilmember Mosqueda, who voted against the bill, expressed concerns about the city’s ability to provide adequate treatment options, noting that existing programs like LEAD (Law Enforcement Assisted Diversion) are already underfunded. LEAD, which directs low-level offenders to case management and services instead of jail, is viewed as one of the city’s primary tools for diversion, but its current funding levels are insufficient to meet demand. A city staff analysis found that Seattle would need to spend approximately $30 million annually on LEAD to fully serve those who qualify for case management—far more than the $9.9 million currently allocated.

The lack of a comprehensive treatment infrastructure in the city has been a focal point in the debate. While the bill encourages diversion to treatment, critics argue that without enough services available, the law could result in more arrests and incarcerations rather than helping people recover from addiction.

The bill gives police officers discretion to determine whether someone using drugs in public poses a threat of harm to others. In cases where such a threat is identified, officers can arrest individuals and refer them for prosecution. The specifics of how the Seattle Police Department will enforce the law, and under what circumstances officers will arrest rather than divert, will be shaped by an upcoming executive order from Mayor Bruce Harrell.

Harrell has previously stated that he views the drug crisis as primarily a public health issue, and he has committed to focusing enforcement efforts on drug dealers rather than users. The mayor has also indicated that he plans to expand treatment options in the city, including directing $20 million from the city’s share of opioid settlement funds to increase access to opioid-use-disorder treatment. Additionally, Harrell has promised to allocate $7 million in unspent federal funds toward establishing an overdose recovery center and other treatment programs.

With the law set to take effect in 30 days, all eyes will be on the forthcoming executive order from Mayor Harrell, which is expected to provide further guidance on how police officers should balance enforcement with diversion. How effectively the city can expand its diversion programs and treatment options will play a significant role in determining the real-world impact of the new ordinance.

Ultimately, the Council’s decision reflects a broader debate about how best to address the public health and safety challenges posed by drug use in Seattle. While the new law provides a legal framework for addressing public drug use, its success will depend heavily on the city’s ability to offer meaningful alternatives to incarceration.