Seattle is changing how drug cases are handled
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Lindsey Bailey/Axios
Seattle prosecutors will seek to divert more public drug use and possession cases away from court under a new city policy, but officials say police will continue making drug-related arrests.
The big picture: The policy change highlights new City Attorney Erika Evans' focus on treating substance use disorder as a public health issue, while directing drug users toward treatment and services when possible.
State of play: The shift — which Evans outlined in a Jan. 1 memo — quickly drew ire from the Seattle Police Officers Guild, prompting city officials to clarify this week that there has been no change to the city's policy of arresting people for public drug use.
- Still, under Evans' new directive, city prosecutors may decide to divert some cases that police officers thought merited criminal charges — potentially creating some tension between Evans' office and police.
Catch up quick: Evans, a former federal prosecutor, took office last week after unseating former City Attorney Ann Davison, who promoted more punitive approaches to drug use.
Zoom in: Evans' Jan. 1 memo says the city attorney's office will take a second look at drug possession and public use cases sent over by police, to decide whether those cases should go to the city's LEAD diversion program instead of to the courts.
- LEAD — which stands for Law Enforcement Assisted Diversion and Let Everyone Advance with Dignity — connects participants to drug treatment and case managers who help them access other services, such as housing and job training.
- The city attorney's office didn't directly send cases to LEAD previously, instead relying on police and others to make referrals.
Between the lines: The goal of the new policy is to implement changes made in 2023 to city and state drug enforcement laws, which encouraged treatment over criminal charges, according to the city attorney's memo.
- Seattle's 2023 law says the city should "seek to divert individuals into case management and substance use disorder treatment service" as much as it can.
What they're saying: "We're doing what the law says to do — divert where possible," Alan Pyke, a spokesperson for the city attorney's office, told Axios.
- Cases that may still be prosecuted include those in which people had previously dropped out of the LEAD program or in which they refuse to engage with a LEAD caseworker, the city attorney's memo says.
The other side: In a statement posted on X, Seattle Police Officers Guild president Mike Solan criticized the policy change, which he characterized as telling officers not to arrest people for open drug use — an assertion the Seattle Police Department said is inaccurate.
- "SPD has not changed its policy around public drug use and SPD will continue to enforce Seattle's laws," the department said in an emailed statement to Axios.
- Solan said in the union's X post that most officers don't want to refer cases to the LEAD program, calling it "a waste of time."
- Solan didn't respond to Axios' requests for additional comment.
Reality check: Seattle police are already directing about 80% of public drug use and possession cases they encounter to LEAD, said Lisa Daugaard, the co-executive director of the nonprofit that runs the program.
- While a recent boost in city funding will allow the program to take on more cases this year, the program still won't be able to serve everyone who qualifies, she told Axios.
- That means even under the new policy, it won't mean "anyone who commits drug crimes in Seattle" goes to LEAD, Daugaard said.
What we're watching: Whether Evans or new Seattle Mayor Katie Wilson will implement more sweeping drug policy changes going forward.
Axios Seattle reporter Christine Clarridge contributed to this report.