Seattle leaders combat 'misinformation', say open-air drug use still means arrests
Seattle officials clarify drug enforcement policy after confusion
Seattle city leaders moved to clarify drug enforcement policies after weekend statements sparked confusion about whether arrests would still be made for public drug use.
SEATTLE - Will someone be arrested for openly using drugs in Seattle? City officials appeared to scramble on Monday to clarify what they said was misinformation.
This seemed to start with statements from the Seattle Police Officers Guild President Mike Solan. He did not return FOX 13's request for comment.
City leaders countered the statements and said no policy has changed and officers will continue to make arrests for drug-related charges if they have probable cause. Seattle police said a diversion program has been available since at least last year.
It was a conundrum for residents and businesses.
What they're saying:
"Sometimes when people are coming, they are taking drugs so they are fighting with us because the mind of these people are not working properly," said Vikas Singh, a manager at Dan's Belltown Grocery.
Pop into Dan's Belltown Grocery and workers have a story about how nearby drug use has affected their store. Managers said they call Seattle police about 15 times a month for help and it usually ends with an arrest.
In the new year, with a new administration and a new city attorney, there's apparently been some confusion about what happens if someone is openly using drugs on the street.
"What I hear is what drug addicts will hear is that come to Seattle and use on our streets in public with a very lenient outcome," said We Heart Seattle's Andrea Suarez.
She said she got word of an internal email from Seattle Police Chief Shon Barnes reading in part, "Effective immediately, all charges related to drug possession and/or drug use will be diverted from prosecution to the LEAD program," for low-level offenders.
Downtown Seattle street on Jan. 5
The Seattle Police Department said in not so many words: nothing has changed. Officers will continue to make drug-related arrests if there's probable cause.
During her swearing-in ceremony on Monday, new City Attorney Erika Evans said, "we're going to ensure that the right cases get diverted."
In a memo from Evans on Jan. 1, she said public drug possession and use reports from SPD will be reviewed by a LEAD liaison team before any charges are filed. The team will determine if the diversion program is a good option for the person involved, and if not, they'll work with the Criminal Division to determine if prosecution is a next step.
"We've already started the process of setting up a new reimagined community court. A community court in models we see in like Tacoma, Bellevue, and even in New York. A community court is a place for folks to get the services so they don't get out and re-offend," Evans said during the ceremony on Monday.
Business owners said they're just hopeful all of this means help for people they see every day struggling with addiction.
"They are good people, I think. But when they are taking drugs, the mind of these people are not working," Singh said.
Seattle police said diversion does not apply to people arrested for selling or delivering drugs.
Statement from SPD:
"Thanks for asking about Chief Shon Barnes’ email communications from Jan. 1, 2026, to SPD officers and professional staff around a recent City Attorney’s Office (CAO) policy clarification related to the prosecution of public drug use cases in 2026. To be clear, nothing has changed when it comes to police continuing to make drug-related arrests in Seattle.
And since there has been some misinformation over the weekend related to the email communication, we want to provide you and your readers, listeners, or viewers with a few factual takeaways:
SPD has not changed its policy around public drug use and SPD will continue to enforce Seattle’s laws. "Our mission remains unchanged," Chief told officers in his email, "and we fully support programs and policies aimed at reducing recidivism and breaking the cycle of repeated criminal justice involvement.
Seattle Police officers will continue to make arrests for drug-related charges if they have probable cause. The CAO will then implement their policy regarding prosecution next steps.
If the arresting officer has identified unique circumstances that could make diversion ineffective, the officer and prosecutor can coordinate on other options including prosecution."
Original Email Text from Barnes:
Good afternoon, and Happy New Year, colleagues
I’m truly excited for the year ahead and grateful for the opportunity to continue our important work together. 2025 was an outstanding year for our department and for the safety of our city. We achieved a record number of new hires—165 new police officers joined our ranks—and we saw substantial decreases in both violent and property crime. Our homicide rate declined at a level we haven’t experienced since before the pandemic.
As we begin a new year, new policies and procedures are inevitable, especially given the shifting political landscape our city has grown accustomed to. With that in mind, I want to inform everyone of an important update from the City Attorney’s Office.
Effective immediately, all charges related to drug possession and/or drug use will be diverted from prosecution to the LEAD program. All instances of drug use or possession will be referred to Law Enforcement Assisted Diversion (LEAD)—a program designed to redirect low‑level offenders in King County from the criminal justice system into supportive social services.
If an individual fails to comply with the LEAD program, traditional prosecutorial measures will apply. As you know, LEAD is a familiar alternative to arrest program that we have been utilizing for some time. This change aligns with Seattle City Ordinance 126896. Please note that this diversion does not apply to individuals who are ineligible for LEAD or to those arrested for selling or delivering controlled substances. User quantity cases may be diverted; sell and deliver cases will not.
My expectation is that officers will continue to charge individuals for drug use or possession when appropriate—for example, when the activity occurs in public view or when probable cause for arrest is established. Our mission remains unchanged, and we fully support programs and policies aimed at reducing recidivism and breaking the cycle of repeated criminal justice involvement.
Thank you for continuing to perform your duties with professionalism and procedural justice. I’m confident that 2026 will be another exceptional year for us, and I look forward to building on our shared commitment to keeping this city safe, welcoming, and inclusive for everyone.
Respectfully,
Shon F. Barnes Ph.D.
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