Seattle’s expiring law allows legal use of hard drugs in the city.
A New Era for Drug Use in Seattle: Public Drug Use No Longer Criminalized
A local law in Seattle aimed toward criminalizing public drug use expired earlier this week without lawmakers instituting a replacement, meaning known possession of drugs and its public use is effectively legal in the city until council members implement new restrictions.
The Seattle City Council voted 5-4 against a statewide bill that would make known possession and public drug use a gross misdemeanor, making it the only city in the state of Washington “where it is legal to use hard drugs in public,” according to City Attorney Ann Davison. Local lawmakers have not yet come to an agreement on how to prosecute drug use, leaving the city in limbo until a new bill is passed.
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The situation comes after a statewide temporary drug law expired earlier this week, ending a two-year statute that listed drug possession as a misdemeanor and offered treatment to those who were found in violation rather than prosecution for their first two offenses. The stopgap measure was implemented after the state Supreme Court struck down the state’s previous law making all drug possession a felony, which opponents argued was unconstitutional because residents could be charged even without knowing they possessed drugs.
State legislators were then tasked with passing a replacement bill, which proved difficult as lawmakers disagreed on how to address the issue. That put the state government in a scramble as they quickly approached the expiration date on Tuesday, prompting Gov. Jay Inslee (D) to call a special session in mid-May to find a solution.
Lawmakers later passed a bipartisan bill that would make known drug possession and public drug use a gross misdemeanor, with offenders being punished with up to 364 days in jail. The law would also allow prosecutors to recommend treatment as an alternative.
However, Seattle’s municipal code exempts the city from automatically adopting changes to the state code — teeing the legislation up for a vote that was shot down by the city council.
“We had one job — conform to state law making drug possession and public use a gross misdemeanor — and we failed,” councilwoman Sara Nelson said after the vote failed in June. “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.”
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Law enforcement can still make arrests in Seattle under the new state law, but prosecutions could be delayed as the city attorney is responsible for handling misdemeanors.
It’s not yet clear when lawmakers will reconsider legislation to tackle the city’s drug crime problem, but the city council said it plans to reconvene on Sept. 12. That would put the council on track for a vote as soon as Sept. 19. After that, the bill would need to be signed by Seattle Mayor Bruce Harrell, allowing the bill to take effect 30 days later.
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