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Proposed public drug use legislation to go before full Seattle City Council

(The Center Square) – Seattle’s latest proposed drug possession legislation will be presented to the Seattle City Council after passing out of the Public Safety and Human Services Committee.

Council Bill 120645 would make the use or possession of controlled substances in a public place a gross misdemeanor. This lines up with legislation passed by the state Legislature this session making the use or possession of controlled substances in a public place a gross misdemeanor.

The proposed bill would clarify that jail diversion is the preferred approach when enforcing laws against the public use and possession of drugs. According to Seattle Mayor Bruce Harrell’s office, police officers are “expected to offer diversion services” when approaching suspects in such cases.

The committee passed an amendment to Council Bill 120645 making it more clear that diversion is the appropriate response, rather than arrest. The amendment also establishes a lack of availability of a diversion opportunity does not mean an arrest should occur in its place.

Harrell had previously announced his intent to dedicate $27 million toward facilities, treatment and services to address substance use disorder. Harrell’s announcement included approximately $7 million in Community Development Block Grant funding. The $7 million was allocated for other purposes in prior years, but was not spent.

City Councilmember Teresa Mosqueda spoke against the amended bill, saying that without the mayor’s intended funding, there are no assurances that there will be alternative programs and strategies to prevent people from going to jail.

“We do not have to pass this legislation,” she said in Tuesday’ Public Safety and Human Services Committee meeting. “It is not a requirement that local jurisdictions codify with the state Legislature already passed.”

Mosqueda added that 20% of the $20 million in intended funds would go to administrative management in both King County and Seattle. The city would be given $700,000 per year rather than a lump sum, according to the councilmember.

On June 6, the Seattle City Council voted 5-4 to refuse the originally proposed Blake fix, Council Bill 120586. The city will need to quickly agree on a new drug possession law as King County is in the midst of a worsening drug crisis.

According to data from the King County Medical Examiner, as of Tuesday, there have been 890 deaths by drug overdose this year, with 739 involving fentanyl. There were 713 deaths involving fentanyl in 2022.

The committee passed the amended bill by a 4-1 vote. It is set for a full Seattle City Council vote on Sept. 20.

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