Seattle City Council approves new ordinance to prosecute public drug use

Seattle City Council votes to prosecute public drug use

New programs and ordinances were introduced in Seattle to combat the ongoing opioid epidemic.

SEATTLE - The Seattle City Council on Tuesday adopted its own version of the state’s public drug use laws.

CB 120645 adds the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place

On Sept. 12, the proposed ordinance passed the Seattle City Council’s Public Safety and Human Services Committee in a 4-1 vote. That sent the bill to full council a week later.

Most communities in Washington conformed to new state laws on controlled substances, signed by Gov. Jay Inslee in May 2023. The state laws make public drug use and possession a gross misdemeanor, allowing city attorneys to prosecute the drug charges.

SEATTLE, WASHINGTON - MARCH 13: A homeless man, 24, holds a piece of aluminum foil he used to smoke fentanyl on March 13, 2022 in Seattle, Washington. (Photo by John Moore/Getty Images)

City Attorney Ann Davison proposed a bill for Seattle to conform to state law and update municipal code. However, Seattle City Council rejected the bill during a vote in June.

"Colleagues, I’m sure it comes as no surprise that I wish the city council had simply voted for the conforming legislation that Councilmember Nelson and I crafted with City Attorney Ann Davison on June 6, more than three months ago," said Alex Pedersen, Seattle City Councilmember serving District 4.

After council rejected adopting the state’s law, Mayor Bruce Harrell formed a task force to create a new proposal for the city. It still included ideas from the state, and added new intervention and recovery services. The mayor’s proposal also gave guidance to Seattle Police when responding to public drug use.

The mayor’s office presented the bill to council in July. The Public Safety and Human Services committee made several amendments to Harrell’s proposal.

"We’re overdue for getting these provisions into our Seattle municipal code. I believe the amendments adopted by our public safety committee today make this legislation better. I’m especially grateful for the adoption of my amendment to require additional data in reporting, so that policymakers will have the information they need to assess whether the legislation is working or not," said Pedersen.

Councilmember Teresa Mosqueda rejected the latest amended ordinance proposal, saying it still lacked attention to diversion efforts.

"I want people to get access to public health services just as much as the people who testified in support of this legislation say they want. But that is not what this legislation does. And without the funding that is purported to come with this bill, we have no assurances that there will be alternative structures and programs and diversion strategies to prevent people from going to jail. We do not have to pass this legislation," said citywide councilmember Mosqueda.

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Even with the amendments, the proposed ordinance also had members of the public divided.

"There is no budget to support this and there is no plan, no care, compassion or commitment to do anything other than imprison our most vulnerable citizens," said one woman during the committee meeting’s public comment session.

"Restoring a safe and welcoming environment downtown will bring back residents, workers and visitors, increase the momentum needed to get downtown on a sustained path to recovery," said one man during the committee meeting’s public comment session.