Seattle Police arrest dozens under city's new drug law, but violators aren’t going to jail

SEATTLE - In the three months since Seattle started arresting people for open-air drug use and possession, police have detained more than 150 people, but no one has gone to jail for violating the city’s new ordinance, leaving cops frustrated and hesitant to continue enforcement.

"I think officers, rightly so, struggle with—why am I doing this?," says Seattle Police Department (SPD) Assistant Chief Todd Kibbee.

Since Oct. 20, when the new ordinance went into effect, SPD data shows 175 arrests have been made. Kibbee feels it's a win that 95 of those people have opted for help with their addiction in a mandatory drug treatment program.

"I like to think we’re making an impact on those people’s lives specifically because they’re getting access to services," said Kibbee.

Under the law, urging people into treatment is always the first option offered by officers making the arrest. But for those who choose the stick instead of the carrot—jail time over rehab—Kibbee says his officers have to let them walk free, "The inability for SPD to book misdemeanor arrests into the jail, in my opinion, makes it hard to get that return on investment."

Seattle, like the rest of the state, now classifies the use or possession of hard drugs in public as a gross misdemeanor, punishable by up to 180 days and a $1000 fine; repeat offenders could be locked up for a year and forced to pay $5000 as punishment. 

But, King County Jail is only booking felonies due to continued staffing issues, and in a statement to FOX 13, county officials confirmed they are "not planning any changes to the booking restrictions at this time."

"Officers want to see an impact," Kibbee says. "So if they arrest someone for a misdemeanor crime, and then they have to let them go at the scene, I think that impacts their willingness to make arrests."

Asked to comment on the enforcement impasse, Seattle Mayor Bruce Harrell's office told FOX 13 News in a statement that, "Mayor Harrell's priority has been a dual public health and public safety approach to the fentanyl epidemic, helping users access treatment and services."

Besides the dozens now in diversion programs thanks to SPD’s enforcement efforts, Harrell's office also emphasizes cops can end up detaining "dealers, traffickers, and those causing the most harm." According to the mayor's data, 25 people arrested under the new ordinance ended up being booked on more serious felony narcotics offenses; another 11 people were jailed for outstanding warrants for crimes such as assault and illegal gun possession.

But the number of people jailed specifically for violating the new drug rules remains zero. Kibbee fears it's just a matter of time until hardcore users find out the ordinance is an empty threat, after which he says, "They're just basically out the door."