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King County councilmember proposes ordinance to criminalize drug use

Since the state legislature failed to pass a drug possession bill before the session ended, the existing statute will expire July 1.

KING COUNTY, Wash. — A King County councilmember has proposed an ordinance that would criminalize drug possession in the state's most populous county.

KCC Vice Chair Reagan Dunn introduced the proposal Wednesday after the state legislature failed to pass a permanent state-level drug possession law in the wake of the Supreme Court's State v. Blake decision.

If no state law is passed before July 1, 2023, the state's current possession law will expire and it will fall on local jurisdictions to pass their own ordinances.

“Enabling open-air drug use in our communities hurts everyone — not only our children and law-abiding citizens but the drug users themselves who are, tragically, dying in droves from overdoses,” Dunn said. “King County must act immediately to protect the safety of our communities by making the consumption of dangerous drugs in public an arrestable offense.”

Overdose deaths in King County nearly doubled between 2020 and 2022, according to the public data dashboard. According to the dashboard, fentanyl was the leading drug contributing to overdose deaths in 2022, followed by methamphetamine.

The current state law expires in a couple of months, which classifies drug possession as a misdemeanor on the third arrest. There is a maximum sentence of 90 days in jail, up to $1,000 in fines, or both after a third arrest. 

Under Dunn’s proposed ordinance, it would be unlawful to knowingly use a controlled substance in public places, including streets, alleys, parks, cars, and public buildings in unincorporated King County.

Snohomish County Councilmember Nate Nehring made a similar proposal late Sunday night after the state legislature's deadline passed without a new bill being ratified.

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