handling of public drug use cases – based on an internal email from Police Chief Shon Barnes to officers on Jan. 1 – are incorrect. She was backed up by the Seattle City Attorney’s Office and the Seattle Police Department.
“I want to inform everyone of an important update from the City Attorney’s Office,” Barnes’ New Year’s Day email said, in part. “Effective immediately, all charges related to drug possession and/or drug use will be diverted from prosecution to the LEAD program. All instances of drug use or possession will be referred to Law Enforcement Assisted Diversion (LEAD) – a program designed to redirect low-level offenders in King County from the criminal justice system into supportive social services.”
Barnes’ email to the officers was in response to a memo from the new City Attorney Erika Evans concerning drug arrests.
“Effective January 1, 2026, consistent with legislative intent, upon receipt of a Knowing Possession or Public Use police report from a referring SPD Officer, the Case Prep team or the reviewing Assistant City Prosecutor should immediately refer the case to the LEAD Liaison Team for review (prior to any filing action),” the memo said.
The Center Square reached out to the Seattle City Attorney’s Office to request clarification on the city’s drug policy.
Communications Director Alan Pyke said in a Tuesday email that the office is meeting “the legislative intent to divert where possible and prosecute where necessary… SPOG got this one badly wrong.”
SPOG is the Seattle Police Officers Guild and its president is Mike Solan, who was initially very critical of the reported change in drug policy.
Solan, who is not seeking reelection after serving as guild president for six years, claims the new administration intends to return to the days when officers simply look the other way.
“This new resurrected direction of being lax on enforcing open-air drug laws in this city is draconian,” he told The Center Square on Monday. “And it has a real, negative impact on our community. So, we’re going to highlight wherever those run afoul of our mission, which is to uphold common sense and reason. Clearly the direction from the chief, which we have to follow orders, is basically telling us to not enforce those open-air drug laws.”
The Seattle Police Department’s communications team told The Center Square that it has not changed its policy regarding drug use and arrests.
“SPD will continue to enforce Seattle’s laws. Our mission remains unchanged … and we fully support programs and policies aimed at reducing recidivism and breaking the cycle of repeated criminal justice involvement,” SPD said in an email.
The email concluded by noting, “Seattle Police officers will continue to make arrests for drug-related charges if they have probable cause. The CAO will then implement their policy regarding prosecution next steps.”
Wilson has since stated that there has been no change to the city’s policy on enforcement of open-air drug use, despite internal communication confusion that led to friction with SPOG.
Andrea Suarez of We Heart Seattle told The Center Square on Monday that putting the emphasis back on diversion programs like LEAD, if that’s what happens, is a dangerous approach that will set back any progress in the drug crisis.
“The drug market is vibrant and operating at full speed here in the city of Seattle, and there is no evidence diversion programs are helping,” she said.
Suarez said she has mixed feelings about the conflicting messages coming from city leadership and the possibility of fewer arrests for drug crimes.
“If an officer is using their discretion as to whether or not it’s worth their time to arrest somebody for it to only be a diverted charge into a program, they’re not going to make that arrest,” she said. “All of the undercurrent here is alternative to policing, alternative to accountability, and if you’re in recovery, you know accountability is the cornerstone of recovery. I’ve never met one person that said diversion saved my life. It was jail, it was rock bottom, it was being sick and tired of being sick and tired, it was jail or rehab, and it was mandated.”
Suarez said she spent part of Monday walking around the city, interacting with addicts on the street and offering assistance.
“Today I saw all over town open-air use of narcotics, fentanyl, methamphetamine, crack, and cocaine. I saw pavilions in our parks being taken over, our sidewalks taken over,” she said. “They [city leaders] don’t believe that this is a drug and mental health crisis. They believe this is a housing crisis… That’s a very unfortunate state of affairs for the city of Seattle to be in as we enter into 2026.”
Seattle City Councilmember Martiza Rivera is taking a wait-and-see approach.
“I found yesterday’s news coming out of City Attorney Erica Evan’s office concerning,” she said in a Tuesday statement. “I am going to watch the impact of the City Attorney’s decision very closely. In the last two years, we have made significant progress in combatting overdoses and have reduced violent and property crimes across our city. The last thing residents want is for Seattle to go backwards.”