Drug Possession and Public Use Legislation

Councilmember Sara Nelson, along with City Attorney Ann Davison and Councilmember Alex Pedersen, are proposing legislation to prohibit the use of drugs in public places including parks, sidewalks, bus stops, and public transit. This bill conforms with the State's action on the use and possession of illegal drugs.

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📢 Press Release: Statements by Councilmembers Nelson & Pedersen and City Attorney Davison on the Possession and Public Drug Use Bill Vote

Tuesday, June 6, 2023 - Councilmembers Sara Nelson (District 9, Citywide) and Alex Pedersen (District 4, Northeast Seattle), and City Attorney Ann Davison issued the following statements today following a vote on Council Bill 120586, which failed by a vote of 5 – 4 today in Full Council. The bill would have made the knowing possession and public use of illegal drugs a gross misdemeanor, effectively codifying the Revised Code of Washington, or RCW 39.34.180.

“We had one job -- conform to state law making drug possession and public use a gross misdemeanor – and we failed. As a result, the City lost out on a crucial new tool to get more people into treatment and reduce the negative health and safety impacts associated with consuming deadly drugs in parks, on sidewalks, and on public transit and other public places. I’m disappointed that for the time being, the majority of Councilmembers have chosen to stick with the status quo that’s claiming more and more lives every day,” said Councilmember Nelson.

“I’m disappointed that a majority of City Council failed today to adopt the compromise carefully crafted by our State government nearly a month ago to curb illegal drugs,” said Councilmember Pedersen. “The loud voices criticizing this commonsense legislation are criticizing the hard work of our Democratic governor and State Legislature and demonstrating a lack of trust in our executive branch to implement this in an appropriate manner. Permitting a perplexing patchwork of public health and safety laws further damages Seattle’s reputation, because many will perceive our city as descending from Defund to Decriminalize.”

"I am outraged that today some City Councilmembers chose to take no action against the soaring opioid epidemic in Seattle. What we’ve been doing is not working. Our buses, parks and sidewalks are filled with individuals who need help getting into treatment,” said City Attorney Ann Davison. “Seattle will now be the only municipality in the State of Washington where it is legal to use hard drugs in public. That means drug use on public transit and in our neighborhoods will continue unimpeded. Sadly because of the obstruction of these City Councilmembers, overdose deaths are likely to continue to climb.”

📢 PRESS RELEASE: City Attorney Davison with Councilmembers Nelson and Pedersen Submit Updated Legislation to Conform with State Action on Use and Possession of Illegal Drugs

Seattle-Tuesday, May 16, 2023: Today, City Attorney Davison with Councilmembers Nelson and Pedersen submitted updated legislation to prohibit drug possession and drug use in public places. The bill follows the Washington State Legislature’s passage of 2E2SSB 5536 in special session. The proposed legislation would bring Seattle into conformity with the State law. Conforming legislation is required in order for public drug use and drug possession to be charged by the Seattle City Attorney.

The proposed legislation can be found here: SCAO Controlled Substances Ordinance Proposal

“Seattle residents, local leaders and our elected officials have made it clear that enough is enough. The epidemic of drug use on our streets must be addressed. I’m gratified that the State has arrived at a bipartisan agreement and now it is time for Seattle to adopt those laws,” said City Attorney Ann Davison. “We need to use all the tools available to us at both a State and local level to move more people into treatment. Every day we delay, more lives are lost to substances.”

“The time for complacency on public drug use is over and we must use all the tools at our disposal to interrupt the cycle of addiction and help move people into recovery,” said Councilmember Sara Nelson. “Now that Olympia has appropriated resources for treatment and adopted a fix for Blake, we’re bringing our legislation into alignment to remove any further cause for inaction on the most critical public health and public safety issue of our time.”

Councilmember Alex Pedersen offered: “Thankfully, State government leaders confirmed it’s not okay for people to smoke fentanyl or to use other illegal drugs in our public spaces or on our public transit, and the laws on the books need to reflect those basic public health and safety standards. Last month, we proactively introduced a stopgap safety measure for Seattle, and now we’ve updated it to match the State’s strong actions this week, so there’s no longer any excuse for City Hall inaction. The time for excuses is over and the time for action is now.”

On April 27, Davison, Nelson, and Pedersen introduced a Seattle bill to prohibit public use of illegal drugs to fill the gap in the law when the State Legislature initially adjourned without a statewide fix. Their Seattle proposal was similar to proposals from other fast-acting jurisdictions across the state, which were also eager to take appropriate and responsible action to fill the legal gap. Governor Inslee called State legislators back for a special session to craft a state-level measure, which they adopted today, May 16. On May 11, several neighborhood and citywide business and civic groups sent a letter to the Seattle City Council stating, “We urge the City Council to address this public health emergency head on and with the urgency it demands.”

📜 View the legislation from May 2023

📝 Letter of Support from Organizations Representing Communities Citywide

May 11, 2023

Dear Seattle City Council Members,

On behalf of thousands of employees and hundreds of local business owners and managers, we urge you to support the proposal from City Attorney Ann Davison and Councilmembers Sara Nelson and Alex Pedersen to decrease public drug use and curb the ongoing fentanyl epidemic in our city. Seattle’s drug crisis is a public health emergency that is worsening by the day and one that demands urgent action.

Over the past decade, we have seen synthetic drug use grow exponentially in our community. Methamphetamine and fentanyl are associated with significant public health risks to all people who are exposed to them on our streets, in our parks and on our public transit systems. Fentanyl is the largest contributor to overdose deaths in Seattle, responsible for most of the 589 drug-related deaths last year and with an estimated 1,500 deaths predicted this year. At a critical time for the recovery of our downtown and our neighborhoods, the use of dangerous drugs in our shared spaces is a significant contributing factor to residents, employees, families, and visitors feeling unsafe exploring our city or returning to the office.

To combat the crisis, we must focus on three critical activities: interrupt the upstream supply of these substances coming into our community; curb the street sales and public use of these highly addictive and deadly drugs; and increase investments in on-demand treatment options. We are pleased with the passage of the King County Crisis Care Centers Levy as a step in the right direction toward increasing treatment beds, but we also must address the very real public safety and health risks associated with public drug use. We cannot stand idly by while people continue to die on our streets every day and our communities suffer the impacts of these harmful behaviors.

Although we fully support a statewide law on drug possession, the state legislature has thus far failed to act. Therefore, we urge the City Council to address this public health emergency head on and with the urgency it demands. With a crisis this real impacting so many every day, we should not wait for the state to act. Now is the time for local action.

Our coalition is committed to making our city a healthy, vibrant, welcoming place for all. We look forward to working with the City to ensure we do everything we can to curb the alarming destruction that these substances continue to have on our neighbors and our city.

Thank you for your commitment to our city’s safety and prosperity.

Sincerely,

Letter of Support from Organizations Representing Communities Citywide

❓ FAQs

What does the proposed Seattle drug possession and public drug use legislation do?

On Tuesday, May 16, 2023, the Washington state legislature passed 2E2SSB 5536, prohibiting drug possession and public drug use, among other things. City Attorney Ann Davison and Councilmembers Sara Nelson and Alex Pedersen have submitted legislation to bring Seattle into conformity with this new state law. The proposed bill would allow the Seattle Police Department to refer drug possession and public drug use cases to the City Attorney’s Office for prosecution in Seattle Municipal Court.

Why is a Seattle municipal law necessary?

State law (RCW 39.34.180) makes cities responsible for charging all misdemeanors and gross misdemeanors occurring in their jurisdiction. The Seattle City Attorney’s Office is responsible for prosecuting misdemeanors and gross misdemeanors in Seattle but can only charge cases under the Seattle Municipal Code. In order to charge cases of drug possession or public drug use, therefore, the Seattle City Council needs to adopt the new state law into the Seattle Municipal Code.

What are the different roles of the King County Prosecutor and Seattle City Attorney?

The King County Prosecutor is responsible for charging felony crimes in King County Superior Court and a limited number of misdemeanor crimes from unincorporated King County in King County District Court. The Seattle City Attorney’s Office is responsible for charging misdemeanor crimes under the Seattle Municipal Code in Seattle Municipal Court. Now that drug possession and public drug use will become a misdemeanor under state law, principal responsibility for these cases shifts from King County to the City of Seattle.

How does the updated proposal differ from the public drug use legislation that was previously submitted?

On April 27, City Attorney Davison and Councilmembers Nelson and Pedersen introduced a Seattle bill to prohibit public use of illegal drugs to fill the gap in the law when the state Legislature adjourned initially on April 26 without a statewide fix. That proposal was similar to proposals from other fast-acting jurisdictions across the state, which were also eager to take appropriate and responsible action to fill the legal gap. Governor Inslee called state legislators back for a special session to craft a compromise measure which passed both the House and Senate on May 16, 2023. The updated proposed legislation adopts the new state law and covers both drug possession and public drug use.

📢 Statement, April 27, 2023 Press Conference

📢 View the Statement in Sara's Newsletter

📢 PRESS RELEASE: City Attorney Ann Davison, Councilmember Sara Nelson, Councilmember Alex Pedersen announce new legislation to improve public safety and discourage the public consumption of controlled substances

City Attorney Ann Davison proposed legislation with City Councilmembers Sara Nelson and Alex Pedersen to prohibit the use of drugs in public places including parks, sidewalks, bus stops, and public transit. This legislation is modeled after a similar ordinance passed this month in Bellingham. This legislation acknowledges the public health crisis of substance use disorder and will provide a new tool to engage those using drugs in public. In 2022, there were 589 overdose deaths in Seattle, with the majority attributed to fentanyl and methamphetamines.

“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 City Attorney Ann 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.”

“Our hands-off approach to people using illegal drugs in public has resulted in rampant street crime and a death toll rivaling that of COVID-19 in Seattle. Complacency is no longer an option. Cities have laws and enforcement to dissuade activity that is harmful to oneself and to others – from speeding in school zones to unlawful possession of firearms – and public use of deadly drugs should be no exception.” – Seattle Councilmember Sara Nelson (At-large, Chair of the Economic Development Committee)

“It’s simply not okay for people to smoke fentanyl or to use other illegal drugs in our public spaces or on our public transit, and the laws on the books need to reflect those basic public health and safety standards – so everyone knows it’s no longer the ‘wild west’ in Seattle.” – Seattle Councilmember Alex Pedersen (Chair of the Transportation Committee)

More than half of King County overdoses in 2022 happened in Seattle, predominantly in the downtown core. Overdose deaths in Seattle have increased by 72% year over year. Limited tools currently exist to require engagement in treatment for substance use disorder. By making public consumption of controlled substances a misdemeanor, this legislation provides the City Attorney with the ability to prosecute public drug use or divert those cases for treatment in appropriate circumstances.

The City Attorney’s Office has worked with the LEAD program and other service providers for 6 years to provide treatment and alternatives to traditional prosecution. Following the Washington State Legislature’s failure to pass SB 5536, approximately millions of dollars in appropriated funds for treatment, diversion and harm reduction are unable to be accessed by cities like Seattle.

📜 View the legislation from April 2023