Seattle City Attorney hopes to prosecute public drug use and possession cases

The scourge of fentanyl has spread nationwide. However, a solution requires a local approach, especially when it comes to making arrests and prosecution.

That is the reasoning behind the Seattle City Attorney’s push to adopt and apply the state’s tougher drug possession law citywide.

Public Health – Seattle & King County reported downtown and central Seattle were seeing the highest rates of fentanyl related overdoses in King County in 2022.

"It is an epidemic and it needs to be addressed with urgency like we did with COVID," said Ann Davison, Seattle City Attorney.

No longer hiding in the shadows, there has been an increase in public illegal drug use in Seattle and throughout the region. 

"Our parks, streets and buses—it’s clear that what we’ve been doing isn’t working, because there is so much public drug use, and it leaves the everyday-person wondering, ‘What are we supposed to do?’ And they put people like me in decision-making places, so we can be helpful and take care of that, and that’s what we need to be doing," said Davison. 

The city attorney is calling on City Council to approve her proposal: update city code to classify public drug possession and drug use as gross misdemeanors. State lawmakers made this change to law during a special session earlier in May.

RELATED: Washington lawmakers pass bill keeping drugs illegal

"What we’re asking is City Council, frankly, to do their duty and conform to state law, which our state lawmakers have decided again, drug possession and drug use is now a gross misdemeanor in the State of Washington," said Davison. "In essence, if they didn’t, it would effectively legalize hard drugs in the city of Seattle."

Adopting the bill would allow the city attorney’s office to prosecute the gross misdemeanor charges, rather than leaving it to the King County Prosecuting Attorney’s Office, which mostly focuses on felonies.

"The City of Seattle and other municipalities have said they have the desire and the resources to address public drug use as misdemeanor crimes. They have also pledged to advance evidence-based policies and services to help people break the cycle of addiction, and most would welcome this necessary assistance as part of a regional, collaborative approach that addresses the immediate public need without re-igniting the War on Drugs," said Leesa Manion, King County Prosecutor.

The county said it files more than 30 charges, on average, each month against drug dealers. Nearly 70% of those cases involve fentanyl or methamphetamine. According to Public Health – Seattle & King County data, the majority of people dying from those hard drugs are in Seattle.

It’s one of many reasons why Davison said the authority for her office to prosecute would not only address accountability, but could save lives.

"It’s the only thing that we are obligated to do—conform to state law, that is what has been passed, and we need to intervene with people so we can save them," said Davison. "We need to be using every tool available to us to get people into treatment, and we need to be reclaiming our public places. This needs to be making a place that’s safe for everyone."` 

RELATED: Seattle officials want to prosecute drug possession and public drug use

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City Council is scheduled to vote on the proposal June 6.