By Aaron Allen, The Seattle Medium
Seattle has introduced a new program aimed at addressing misdemeanor public drug use and possession cases by diverting individuals into treatment and support rather than traditional prosecution. The Drug Prosecution Alternative (DPA), announced by the Seattle City Attorney’s Office in partnership with Seattle Municipal Court (SMC), Mayor Bruce Harrell’s office, and the City Council, is designed to connect eligible defendants with substance use services and help them avoid the long-term impact of a criminal record.
Under the program, defendants who commit no new violations and complete treatment steps can have their charges dismissed.
“SMC is committed to supporting the Drug Prosecution Alternative program,” said Presiding Judge Anita Crawford-Willis. “Participants will undergo a substance use disorder assessment, and SMC staff will guide them toward appropriate treatment options and resources through our Community Resource Center.”
Seattle Mayor Bruce Harrell says that diversion programs are an essential component of Seattle’s efforts to address substance abuse and addiction.
“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,” Harrell said. “Diversion remains a key part of the City’s dual public health and public safety approach to the deadly drug epidemic. This strategy will build on the progress we’ve made reducing overdose deaths and expanding access to life-saving treatment options that help more people break out of the cycle of addiction.”
The launch of the DPA comes after years of legal changes to drug enforcement in Washington.
In 2021, the state Supreme Court issued its “Blake Decision,” striking down the state’s felony drug possession statute as unconstitutional. The Legislature later reclassified drug possession as a misdemeanor, and in 2023, Seattle made public drug use and possession a misdemeanor offense under its municipal code.
City Attorney Ann Davison said the DPA complements other recent measures, including the Stay Out of Drug Area (SODA) ordinance passed in 2024.
“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,” Davison said. “Misdemeanor drug offenses need dedicated funding for treatment. Warm handoffs between branches of the criminal justice system should become standard. 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.”
Data from the City Attorney’s Office shows that public drug use cases spiked in early 2024 and now average 25 to 35 cases per month.
The new program aims to reduce these cases while addressing root causes of addiction. Here’s how it works:
• Seattle Police arrest an individual for public drug use or possession.
• The case is referred to the City Attorney’s Office, which files it in Seattle Municipal Court.
• The City Attorney determines eligibility for the DPA.
• Participants sign an agreement, undergo a substance use assessment, complete a drug test, accept a SODA order if applicable, and remain violation-free for 60 days.
Judge Crawford-Willis said that Seattle Municipal Court’s pretrial services will play an essential role in supporting participants.
“SMC’s pretrial services team will support participants in meeting the conditions of the program, including connecting them to community services and supports,” she said. “The CRC and its partners will provide options and pathways to treatment and support, should the participant be ready to engage.”
Successful completion leads to a dismissal of charges, while those who fail to comply may face conventional court proceedings.
Davison said the program is designed not only to help individuals struggling with addiction but also to improve efficiency and transparency in Seattle’s courts.
“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,” she said. “Additionally, the goal is to improve public safety.”
