(Center Square) – The Seattle Police Department clarified that officers will continue to make arrests for drug-related charges when probable cause exists, with the City Attorney’s Office then determining next steps, including diversion to the Law Enforcement Assisted Diversion, or LEAD, program.
The Seattle City Attorney is Erika Evans, who officially took office on January 1. She won the November general election, defeating the incumbent, Ann Davison.
Monday’s clarification followed an internal email response from Chief Shon Barnes on Jan. 1, which indicated a policy change to divert all drug possession and use cases to the LEAD program, rather than pursuing traditional prosecution.
The New Year’s Eve email – obtained by The Center Square – stated the following: “Effective immediately, all charges related to drug possession and/or drug use will be diverted by 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 into the system of criminal justice in King County.”
“If an individual fails to comply with the LEAD program, traditional prosecution measures will apply. As you know, LEAD is a familiar alternative to the arrest program that we have been using for some time. This change aligns with Seattle City Ordinance 126896. Please note that this deviation does not apply to individuals who are ineligible for LEAD or to those arrested for selling or selling a controlled substance; cases will not.”
LEAD was first launched as a pilot program in 2011 and is currently offered in the police precincts of the West, East, North and South Seattle Police Precincts as well as in the Metro Transit zones and on Metro buses through the King County Sheriff’s Office.
Barnes’ New Year’s Day email drew criticism from Seattle Police Officers Guild President Mike Solan, who said prison diversion programs foster “suicidal empathy.”
Solan said many Seattle police officers are reluctant to refer cases to LEAD because they don’t believe the underlying ideology of the prison diversion program is effective.
“[LEAD] it’s a waste of time. We have all seen how our streets can be filled with death, decay, decay and crime when such an ideology infects our city,” said Solan in a post on social media on Sunday. “Now with this mad direction resurrected, death, destruction and more human suffering will be supercharged.”
Solan’s statement drew immediate comments from Washington State Republican Party Chairman Jim Walsh, who claimed in a Sunday evening social media post that new Mayor Katie Wilson issued a “stupid order” preventing police from arresting suspected open drug users.
Wilson has since denied allegations of a directive ordering officers to stop open arrests for drug use.
Pierce County Sheriff Keith Swank also responded to Solan’s post by inviting Seattle police officers and guild members to transfer to the Pierce County Sheriff’s Office laterally.
Seattle’s support for the LEAD program continues into 2026, with the city recently approving increased funding by dedicating up to 25% of the sales tax increase to addiction treatment services, including LEAD.
Seattle previously barred officers from arresting people for using drugs between 2021 and 2023. In 2021, the Washington Supreme Court ruled, in what is known as the Blake decision, that the criminal drug possession law was unconstitutional because it criminalized “unknowing possession.” In May 2023, the Legislature passed a new law that made possession and public use of the substance a serious crime.
After the “Blake fix” of the Legislature, Seattle made the use or possession of controlled substances in a public place a serious crime, while prioritizing prison diversion for offenders, where officers can refer people in custody to programs like LEAD.