The Spokane City Council has unanimously voted to make public drug use illegal.
Spokane is one of many local governments across the state to consider its own local law criminalizing drug use. Local governments stepped in after state lawmakers failed to reach a compromise on how to replace an expiring temporary drug law. The state’s original drug statute was struck down after a Spokane woman’s case led the State Supreme Court to declare the law unconstitutional, known as the Blake decision.
The city’s local version makes possession, and public drug use, a gross misdemeanor, which means people arrested can be referred to treatment, or booked into jail.
Spokane City Council member Jonathan Bingle said the compromise the city council reached is kinder than how it previously handled drug possession.
“You’re going to notice that it is a gross misdemeanor, and not a felony,” Bingle said. “A felony does have the ability to ruin somebody's life, and if somebody needs some help, we want to help them and we want to keep our community safe. And we do want to see restoration with that individual, we do want to see them in a place where they are self-sustaining with good personal habits. These are things we are trying to accomplish with this ordinance.”
Spokane’s Mayor Nadine Woodward voiced her support for the proposal in a statement Monday night.
“This action establishes tough boundaries for drugs and leaves every opportunity for treatment,” she said. “This balance is the result of the Mayor’s Office and City Council working to do what is best for everyone who lives, works, recreates, visits, attends school, or otherwise enjoys the community.”
People arrested for drug possession or open use would first be referred to community court, where they can access a range of services. If they don’t show up, or do not complete their program, they could be booked into jail.
This law will also likely be revisited after lawmakers complete their special session focused on state-wide drug policy. The state legislature re-convenes next week.
Some community members and activists opposed the measure, saying the city should focus its efforts on public health and reducing harm.
City Council President Breean Beggs said he understood their concern, and is working to increase community court resources, and get a dedicated drug court, to address potential harm.
“The idea for this is to pass something now that will one help lead the way, Spokane for the whole state, which is ironic because the Blake decision, which outlawed felony drug possession laws was created by our county prosecutor at the State Supreme Court,” he said.
