Seattle drug prosecutions rarely lead to treatment under 2023 law

Only a handful of people charged with low-level drug offenses in Seattle received treatment since the city passed a law in 2023 aimed at combating public drug use, according to a report released Friday by the King County Department of Public Defense.

According to the report, just six of the 215 people who were prosecuted for misdemeanor drug use or possession by the Seattle city attorney’s office from October 2023 through this July were ordered to have a substance use disorder evaluation or to receive treatment.

Mayor Bruce Harrell championed the law, arguing it would drive people into treatment.

Our focus is on improving connections to lifesaving treatment and expanding program options to better meet the needs of those with substance use issues,” Harrell said at the time, saying the proposal was part of a “health-focused” approach.

The law allows the city attorney’s office to prosecute misdemeanor drug possession and public drug use. The City Council approved it amid heavy debate and protesting, with opponents citing concerns of overenforcement and a return to the war on drugs.

The ordinance stated that, “whenever possible,” the city should divert people to case management and drug treatment services. Harrell issued an executive order shortly after the law passed mandating that police officers prioritize getting people treatment over making an arrest.

“With public attention having dimmed, we see city officials’ actions straying from the promises that were made,” said Katherine Hurley, special counsel for criminal policy and practice at the Department of Public Defense.

The analysis of 215 prosecutions does not include police arrests or jail bookings where charges weren’t filed. Nobody was booked in 2023 under the ordinance for misdemeanor possession or public use, according to the report, but prosecutors have filed double the number of cases in the first half of this year than they did in all of 2024.

The report found Black people, despite accounting for about 7% of the city population, accounted for one-quarter of those charged. Drug possession or public use is the only alleged offense in nearly 80% of these cases, according to the report. Most cases involved a gram or less of drugs.

Seattle City Attorney Ann Davison axed the city’s Community Court in 2023 and this year proposed an alternative path, under which participants agree to meet with the court’s resource center for an assessment of their needs, including substance use.

Since taking office, Davison has sought ways to interrupt public drug use with varying degrees of success.

One of her key efforts was the establishment of six “stay out” zones in commercial areas around the city, including downtown, the Chinatown International District and Capitol Hill. But the drug law and the “stay out” zones have not been used as much as Davison and some on the City Council had hoped.

“We could do (better) if we stopped wasting so much money on paying for the system to so poorly respond and harm people and instead developed solutions and support for people who are experiencing homelessness and really, really need help and support, Hurley said.