Seattle (April 30, 2025) – Today, the Seattle City Attorney’s Office, along with the Seattle Municipal Court, Seattle Mayor’s Office, and Seattle City Council, announced a new approach to handling misdemeanor public drug use and possession cases.
The Drug Prosecution Alternative will provide an incentive for defendants arrested for drug use and possession to connect with services and commit no new law violations to have their drug cases dismissed.
“While this coordinated approach is a first step and is another building block in the effort that includes SODA, there are additional needs that remain,” said City Attorney Ann Davison. “Specifically, misdemeanor drug offenses need dedicated funding for treatment. Warm handoffs between branches of the criminal justice system should become standard, particularly for individuals with substance abuse disorder. We will continue to tie in SODA work, to prevent dealers from preying on those who are taking part in the Drug Prosecution Alternative, and to protect our public spaces.”
In 2023, following the Washington Supreme Court’s 2021 “Blake Decision,” Washington lawmakers redefined drug use and possession as a misdemeanor rather than a felony. Later that year, Seattle incorporated public drug use and possession into the municipal code as a misdemeanor offense.
In 2024, the Seattle City Council passed a Stay Out of Drug Area (SODA) ordinance.
Data shows that cases of public drug use in Seattle that are referred to the City Attorney’s Office (CAO), which spiked in Q1 2024, continue at an approximate average of about 25 to 35 cases a month.
Under the Drug Prosecution Alternative, eligible defendants will receive a “warm handoff” from CAO to the Seattle Municipal Court Resource Center.
As an example of how cases within the Drug Prosecution Alternative context work:
- Seattle Police make an arrest for public drug use or possession.
- SPD refers the case to the CAO.
- CAO reviews and files the case to Seattle Municipal Court (SMC).
- CAO determines if the case is eligible for the Drug Prosecution Alternative.
To successfully have their case dismissed, participants must accomplish several steps within the DPA:
- Sign an agreement with CAO.
- Participants are referred to Seattle Municipal Court Resource Center.
* Complete orientation to services.
* Participate in substance use assessment.
* Complete a drug test.
* Where applicable, accept a SODA order.
* No criminal violations for a 60-day period.
“SMC’s pretrial services team will support participants in meeting the conditions of the program including connecting them to community services and supports through our Community Resource Center as soon as feasible” said SMC Presiding Judge Anita Crawford-Willis. “The CRC and its partners will provide options and pathways to treatment and support, should the participant be ready to engage.”
While successful participation will lead to a dismissal of charges, the CAO may proceed with conventional mainstream court proceedings if engagement criteria are not met.
Program Goals
In addition to providing individuals with a route to dismissal of charges and assistance with substance abuse issues, the framework is defined by important goals:
- Faster case resolution: resolve cases within 60 days, freeing up court resources.
- Increased compliance and support: participants have pathways to engage in services, supporting successful completion of their treatment and connecting to ongoing resources.
- Informative reporting: provide regular reporting that builds community trust and offers transparency on outcomes.
“I’m hopeful that this new approach will address the underlying causes of addiction and foster lasting change for those individuals struggling with drug use. Additionally, the goal is to improve public safety,” said City Attorney Davison.
What They Are Saying
Seattle Mayor Bruce Harrell: “Seattle needs more evidence-based tools to connect people suffering from substance use disorder to the care they need to recover and rebuild their lives. As emphasized in my 2023 Executive Order, diversion remains a key part of the City’s dual public health and public safety approach to the deadly drug epidemic, and this new strategy will build on the progress we’ve made over the last two years reducing overdose deaths and expanding access to life-saving treatment options that help more people break out of the cycle of addiction.”
Seattle City Councilmember Bob Kettle (Public Safety Committee Chair): “This Drug Prosecution Alternative is a key strategic addition to our public safety toolkit alongside our SODA legislation. The improvements we are witnessing on our streets underscore our efforts thus far. But we also need to build on this momentum for there is more work to be done. I want to thank City Attorney Davison and Presiding Judge Crawford Willis for this initiative, which represents good governance and the power of a united effort across our separately elected branches of government.”
Seattle City Council President Sara Nelson (Position 9): “The Drug Prosecution Alternative fills a critical gap in our alternative court system, thoughtfully balancing public safety with a compassionate pathway to recovery for those battling addiction. The fentanyl epidemic and addiction in general are inextricably linked to our public safety and homelessness crises. I applaud City Attorney Davison and her team for advancing an initiative that will make our city safer and incentivize our most vulnerable residents to get the help they need.”
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