Category: Drugs

Cash Benefits, Drug Possession Bills Move Forward

Michele Thomas of the Washington Low-Income Housing Alliance testifies about benefits for low-income people at a senate committee last week.

By Andy Engelson

Two bills that would have a significant impact on poor and vulnerable people moved forward in the legislature this week. 

The first —a bill sponsored by Rep. Emily Alvarado (D-34, Seattle) that would end the requirement that people who receive the state’s Aged, Blind, and Disabled (ABD) cash assistance program pay back these benefits once they qualify for federal disability aid—passed out of the senate’s human services committee last week. ABD recipients are generally some of the lowest-income people in the state: 57 percent struggle with mental illness and 33 percent are homeless. The reform bill is scheduled for a hearing in the Senate Ways and Means Committee on Thursday, the final hurdle before a floor vote.

In testimony before the human services committee, Michele Thomas of the Washington Low Income Housing Alliance said ending the pay-back requirement is long overdue. 

“It changes an unfair, decades-long practice of forcing people to forgo their SSI payments that [impoverished people] desperately need,” Thomas said. “Please understand that at the same time folks are required to make these back payments, they also lose their eligibility for the Housing & Essential Needs [HEN] rental assistance program, which is already furthering their instability.” HEN is a federal program that provides emergency rent and utility assistance and access to basic household supplies to people with disabilities.

A bill that would have better aligned HEN and ABD benefits and guaranteed at least 12 months of HEN support to recipients failed to pass out of a senate committee earlier this session. 


The second bill that’s moving forward is Sen June Robinson’s (D-38, Everett) bill revising the state’s drug possession policy in response to the 2021 Blake state Supreme Court ruling that found the previous law unconstitutional. The bill, which makes possessing small amounts of drugs, such as fentanyl and meth, a gross misdemeanor and requires prosecutors to divert people into coercive treatment, received a hearing in the House Community Safety, Justice, and Reentry committee on Monday.

In testimony to the committee, Sen. Robinson gave her bill mixed reviews. Centrist Senate Democrats modified the bill substantially with amendments, including a provision that forces those who drop out of court-mandated treatment to serve jail time. “My goal is to find a balance, and that is very hard to do,” Robinson told the committee. “A balance between compassion and lots of options for treatment, and—some people call them off-ramps. But, options for diversion, treatment, and services for folks who are found to be in possession of illegal substances. And also to give our communities the tools that they are asking for in these situations.”

“I wouldn’t say it’s perfect or exactly the right balance, but you will grapple with that,” Robinson told her colleagues in the House.

Legislative Cutoff Fizz: Police Pursuit Bill Moves Forward While Tenant Protections Die

Wednesday was the legislature’s deadline for bills to pass out of their house of origin—meaning if a bill didn’t receive a floor vote yet in either the House or Senate, it’s dead for the year. 

In a session that was supposed to be all about affordable housing, a slate of tenant protection bills—including one capping rent increases at 7 percent per year, and one requiring six months notice of rent hikes of more than 5 percent—both failed to get a floor vote. However, a bill that would reform a state disability benefit by no longer requiring recipients to pay back the funds passed the House and moved on to the Senate. 

One of the most contentious votes of the session happened last Friday, when a coalition of centrist Democrats and Republicans in the Senate defied progressives and passed a new drug possession bill that increases criminal penalties for drugs such as fentanyl, meth, and cocaine and pushes those convicted into coercive treatment. The senate also passed a bill that makes fentanyl test strips legal.

Most of the legislature’s proposed criminal justice reforms—including a bill that would have granted victims of unlawful police actions the right to sue for damages and one raising the age of juvenile sentencing from 8 years to 13—never made it to a floor vote. One bill that did survive reforms the state’s criminal sentencing system so that juvenile convictions no longer lead to longer sentences for crimes people commit as adults.

The bills that survived now move to the opposite house, and in the next month and a half, the legislature will tackle Gov. Inslee’s proposed $70 billion biennial budget before adjourning on April 23. 

The new bill lowers the threshold for police to pursue a person in their car from “probable cause”—which requires more evidence—to “reasonable suspicion” that a crime has been committed.

Also on Wednesday, the senate passed a bill giving police officers additional authority to pursue drivers, using an unusual maneuver to move the legislation forward. A bill on the issue had been moving through the state house, but did not appear likely to make it to the floor by the 5pm deadline for bills to pass out of their original chamber. Senate Bill 5352, sponsored by Sen. John Lovick (D-44, Lake Stevens), had not even been heard in any committee since its introduction, but majority floor leader Jamie Pedersen (D-43, Seattle) made a motion to suspend the rules and put the bill in front of the full body, which then adopted a new version of the bill by Sen. Manka Dhingra (D-45, Redmond).

The new bill lowers the threshold for police to pursue a person in their car from “probable cause”—which requires more evidence—to “reasonable suspicion” that a crime has been committed. The bill would allow police to chase people they suspect have committed violent offenses as well as DUI—currently one of the only instances where reasonable suspicion is the standard. It also allows officers to merely notify a supervising officer that they are initiating a pursuit, rather than receive authorization. Changing the law would roll back reforms the legislature approved in 2021.

Democrats voted down a number of amendments to the new version of the bill, including proposals that would have allowed pursuits for reckless driving and motor vehicle thefts. With many Republicans voting against the bill because they felt it didn’t go far enough, and many Democrats unwilling to change the current pursuit law, the bill passed on a narrow 26 to 23 margin.

“This bill may not be as adequate as I would like, Senator Ann Rivers (R-18, Vancouver), said before voting yes, “[but] I think it’s as good as we’re going to get for now.” Sen. Mark Mullet (D-5, Issaquah) also voted yes. “I voted for this bill [increasing the standard for pursuits] back in 2021,” Mullet said, “but I think the unintended consequence” was that “it became widely known” that police were not going to pursue for most offenses. 

The bill will now go back to the house, where it could go through normal committee review or—because the senate broke with its usual procedure—go directly to the house floor.

After taking much of the afternoon to debate this bill, the Senate was unable to advance some of the other bills on its calendar, including SB 5002, a bill that would have lowered Washington’s blood-alcohol content threshold for a DUI from 0.08% to 0.05%. That bill was next in the list when the Senate adjourned after the 5pm deadline Wednesday.

—Andrew Engelson, Ryan Packer

Caller Was Lucid, Waiting to “Flag Down” Aid Car, When Officer Heading to Scene Struck and Killed Pedestrian Nearby

File:Seattle Fire Department - Aid 2 (Medic One vehicle).jpg
Photo by Joe Mabel; CC by 2.0 license.

By Erica C. Barnett

The 911 call to which Seattle police officer Kevin Dave was allegedly responding when he struck and killed student Jaahnavi Kandula in a marked crosswalk was not, as police and fire officials have implied, an opiate overdose that had to be reversed by paramedics under police supervision. In fact, a single aid car responded to the caller, who was lucid and alert when he dialed 911, and was finished within about 20 minutes. The call came from an apartment building 6th Ave. North, a few blocks from where Dave struck Kandula on Dexter Ave. on the night of January 23.

At first, SPD said Dave (who they did not initially identify) was responding to an emergency “at the request of” Seattle Fire Department first responders; later, they said he was heading to the scene “alongside” SFD. After SPD, in response to questions from PubliCola, said the call was an overdose, the Community Safety and Communications Center told us that police are dispatched to overdoses as a matter of longstanding policy. Later, Police Chief Adrian Diaz said Dave was responding “as an EMT” to a medical emergency.

In mid-February, Fire Chief Harold Scoggins repeated this explanation in a letter to the Community Police Commission, saying “overdose patients can become violent” after an overdose reversal, which can send an overdose victim into withdrawal. Officials from the fire department elaborated on this statement to PubliCola, saying they need police present when responding to overdoses because people revived from opiate ODs may have used stimulants like meth, whose effects come on in full force once the opiate overdose is resolved. They also said that other people on the scene can threaten or steal items from paramedics working to revive an overdose victim.

“I’m just trying to breathe right now and I’m trying to not freak out,” the man says. “It’s hard to think.” The dispatcher says he’s sending an aid car and tells the man to “flag them down” when he sees them.

But a review of the 911 call that resulted in Dave’s response—which PubliCola obtained, along with the incident report, through a record requests—reveals that the person who called in to report the “overdose” was a man who had walked down from his apartment and into the street to call 911 about what he thought might be a drug-related medical emergency.

In the call, which the fire department partially redacted, the caller is lucid, rational, and a bit frantic; he gives his full address and says he’s “freaking out” and having trouble staying calm. The caller sounds like he’s overstimulated, not overdosing on an opiate like fentanyl, as both police and fire have repeatedly implied.

“I’m just trying to breathe right now and I’m trying to not freak out,” the man says. “It’s hard to think.” After hearing more about the man’s symptoms, the dispatcher asks him if he’s been through this before and if he has any other relevant medical history or complications; the man answers no. Then the dispatcher says he’s sending an aid car and tells the man to “flag them down” when he sees them.

An aid car is the lowest level of response to a drug-related call like this one. A spokesman for the fire department confirmed that the department sends one aid car staffed with EMTs trained in basic life support when a person is having a “suspected overdose” and is awake, as this caller was. The department sends an additional advanced life support medic unit with two additional paramedics when the person is awake and has a “confirmed overdose,” and sends two basic life support units and an advanced life support unit when the overdosing person is “unconscious, unresponsive, and not breathing normally,” the spokesman said.

Overdose deaths from stimulants are less common than deaths due to opiates, but they do happen; last year, according to the King County Department of Public Health, there were 158 stimulant-related overdose deaths, and there have been 18 this year so far.

A police department spokesperson did not respond to questions about SPD’s policy about driving practices when responding to a low-level drug call like this one. Nor have they responded to questions about how fast Dave was driving or whether he was taking reasonable care when he struck and killed Kandula in a marked crosswalk a few blocks away. “I am not able to share any further information than what’s already been shared since this is an open case,” the spokeswoman said.

The man who placed the initial call declined to comment.

More Cops Are Training as Emergency Responders. Is That a Good Thing?

By Erica C. Barnett

The death of pedestrian Jaahnavi Kandula, killed by a police officer driving to respond to a suspected overdose, has revived a longstanding dispute between Seattle’s fire and police departments about who should respond to medical emergencies, particularly overdoses.

Last month, after SPD announced that officer Kevin Dave was rushing to respond to an overdose in his capacity as an emergency medical technician (EMT), SFD union leader Kenny Stuart wrote a letter to Mayor Bruce Harrell objecting to the “troubling trend” of SPD officers “being trained and certified as Emergency Medical Technicians (EMTs) and … deployed to medical emergencies in our city.”

The issue with this, Stuart continued, is that the fire department—not SPD—is responsible for emergency medical response as part of the county’s Medic One system; “randomly allowing additional EMTs from other city departments to self-dispatch or to perform EMS functions” has “led to delayed scene security, delayed medical care, decreased continuity and coordination of care, and general confusion in life-threatening emergencies.”

Mayor Bruce Harrell’s office did not immediately respond to an email seeking his response to Stuart’s letter, if any, on Friday.

SPD’s EMS trainings are not funded by the city; instead, the Seattle Police Foundation solicits donations to pay for trainings and equipment. The police foundation website says the police need trained EMTs to respond to life-threatening situations at active crime scenes before it’s safe for fire department medics to enter. The head of the EMS program, SPD officer Tyler Verhaar, did not immediately respond to a request for an interview; we’ll update this post with his comments if we hear back.

“If police continue to respond to [medical calls] unchecked, you will end up with officers who are EMTs jumping calls so they can get some good publicity, and that’s not what it’s about.”—Retired assistant fire chief A.D. Vickery

Stuart, from the firefighters’ union, declined to talk on the record about the union’s opposition to SPD officers responding to medical emergencies. But former SFD assistant chief A.D. Vickery, who started at the department in 1968 and retired in 2020, said he’s heard alarming reports about police officers “racing to the scene, putting everybody at risk, so they can be the first one to the patient.”

“The Fire Department responds to hundreds of thousands of alarms. We are very cautious. There’s lots of people on the rig all working to make sure we get to the scene in a  appropriate period of time without creating a hazard,” Vickery said. “If police continue to respond to [medical calls] unchecked, you will end up with officers who are EMTs jumping calls so they can get some good publicity, and that’s not what it’s about.”

SPD has declined to comment on the circumstances that led to Dave striking and killing Kandula in a crosswalk the night of January 23. Initially, an SPD blog post said the then-unidentified officer was responding to a nearby emergency call “at the request of” the fire department; later, a department spokeswoman updated the post to say SPD was responding “with” Fire. Subsequently, police chief Adrian Diaz said Dave was “responding as an EMT” to the initial 911 call itself.

Many police department officers are equipped with Narcan (naloxone) nasal spray, which can restore breathing by rapidly reversing the effects of opioids like fentanyl, sending a person who is overdosing into abrupt withdrawal. Although fire department EMTs have carried nasal naloxone since July 2022, the department prefers to deliver oxygen first to restore an overdose victim’s breathing.

“With the increase in people using both methamphetamine and fentanyl at the same time, our teams then work to stabilize the patient’s breathing with small doses of naloxone ([which]also avoids a painful opiate withdrawal from excessive naloxone) and reverse the overdose,” SFD medical director Dr. Michael Sayre said.

According to one theory, bringing people back slowly also makes it more likely they’ll agree—in their groggy state—to go to the hospital, where they can access opiate withdrawal meds and learn about treatment options. “Some patients, once recovered from the drug’s effects, may refuse transport. That is a concern because it is a lost opportunity to connect patients with support services… that could be offered through the emergency department,” Sayre said.

Although the fire department doesn’t want SPD responding to medical emergencies themselves, they do want police on site when they respond to overdoses. One reason, which Fire Chief Harold Scoggins cited in a recent letter to the city’s Community Police Commission, is that overdose patients can purportedly “become violent” after they’re revived. A spokeswoman for the fire department said patients who overdose on fentanyl while also using meth, in particular, can “become quite agitated… risking harm to themselves and others around them,” because “when both substances are present, the sedative effects of fentanyl are reversed by naloxone, and the stimulant effects of methamphetamine then predominate.”

Curious how often first responders actually encounter hostile situations from bystanders, I requested the fire department’s database of assault reports from EMS calls. In 2022, first responders logged 135 such incidents, which ranged from verbal abuse and threats to punches, “donkey kicks,” and a “wrestling match”; one person threw a hamburger at a fire truck.

But the main reason fire EMS wants police at the scene of overdoses, according to Vickery, is to “control the scene to allow the EMTs or the medical personnel to do their jobs” without having to worry about bystanders or opportunistic thieves. “The environment that the overdoses take place in now is a much more hostile environment,” Vickery said. “In 1968, you might have an overdose in a particular area and it really was isolated to the room and the people that knew them, but there was not this the hostility that exists today.” Overdoses often occur on streets or in encampments, including many that first responders won’t enter without SPD backup.

Curious how often first responders actually encounter hostile situations from bystanders, I requested the fire department’s database of assault reports from EMS calls, which only includes incidents that involved formal reports (in other words, it isn’t comprehensive). In 2022, first responders logged 135 such incidents, which ranged from verbal abuse and threats (“Stated that he was going to kill us and that we were ‘motherf***ers””) to punches, “donkey kicks,” and a “wrestling match”; one person threw a hamburger at a fire truck.

Only a few of the reported incidents involved people brought back from an overdose with naloxone who were “combative” afterward and had to be restrained.

Overall, the reports unsurprisingly include many people in obvious crisis—like the person who was “slamming his head against the sidewalk several times before being restrained by SFD crews for his own safety as well as ours,” or the “well-known [patient]” who threw water on fire fighters before “barricading himself” inside a bathroom.

The tension between police and fire about their roles as first responders isn’t going away, as the police foundation continues to solicit donations for “training, certification, and medical supplies” for cops to respond to emergency calls. Vickery says he has no problem with police officers getting EMT certification on their own time, but says “there needs to be clear delineation” between the role of police providing backup at medical emergencies and fire personnel responding to those emergencies as EMTs. “The fire department doesn’t arrest people—stay within the realm of what your responsibilities are and support each other,” he said.

New Drug Possession Bill Emphasizes Coercive Treatment

State. Sen. June RobinsonBy Andrew Engelson

Democrats in the legislature are making procedural moves that will decide what the state’s new drug possession law will look like—an exercise that became necessary after the state supreme court’s 2021 ruling Blake v. State of Washington invalidated existing law. 

Whatever bill emerges will correct the element of current law the court found unconstitutional:  that someone who “unknowingly” possesses drugs could still be convicted. But the legislature is also taking the opportunity to debate what the state’s approach to drug use, and an unprecedented overdose crisis, will be. Various camps in this debate favor a criminal justice approach; a coercive treatment approach; or a public health approach focused on decriminalization.

The bill that has emerged from committee in the senate favors the “middle” option—coercive treatment—and amendments added in the past few days double down on that strategy.

Sen. Manka Dhingra (D-45, Redmond), who chairs the Law & Justice committee, is a strong supporter of decriminalization and safe supply. But her bill moving things in that direction,  which would implement recommendations in a report issued in December by the Substance Use Recovery Services Advisory Committee (SURSAC), didn’t have the votes to pass the Senate and never made it out of committee.

What did survive is a bill sponsored by Sen. June Robinson (D-38, Everett), that would make possession of a “small amount” of schedule 2 drugs (which include cocaine, fentanyl, and methamphetamine) a gross misdemeanor and require prosecutors to offer defendants diversion to treatment instead of jail time. 

“We’re basically saying: Upon conviction, you’re auto-enrolled in a substance abuse treatment program. But if for whatever reason you fail, if you choose to exit the program because you don’t feel like doing it—now there’s going to be consequences.”—Sen. Mark Mullet (D-5, Issaquah)

Last Friday, when the bill was in the Ways and Means committee, vice chair Sen. Mark Mullet (D-5, Issaquah) succeeded in adding a major amendment to the bill empowering (and in some cases requiring) judges to impose jail sentences on defendants who fail to complete treatment.

Mullet told PubliCola he filed the amendment with input from Sen. Jesse Salomon (D-32, Shoreline), whose own drug possession bill, which is more punitive than either Dhingra’s or Robinson’s, failed to make it out of committee.

“We’re basically saying: Upon conviction, you’re auto-enrolled in a substance abuse treatment program,” Mullet told PubliCola. “But if for whatever reason you fail, if you choose to exit the program because you don’t feel like doing it—now there’s going to be consequences.”

This sort of language, focused on pushing drug users into treatment and demanding results, mirrors testimony that Salomon, who works as a public defender, gave during a committee hearing for his bill on Feb 6. Introducing that bill, Salomon expressed concerns about an “unacceptable level of public, open drug use,” and then told a story about seeing people using fentanyl outside his child’s day care, lamenting what he called  “a high level of public disorder and a decrease in public safety.” 

“Our current referral system… “ Salomon said in his testimony, “effectively only asks people to get help, but has no consequences when those folks don’t get help.”

Caleb Banta-Green, a researcher on substance use disorder at the University of Washington— and a member of the SURSAC committee that recommended decriminalization—says this approach ignores the realities of opioid and stimulant use. 

“You don’t treat substance use disorder,” Banta-Green said, “You manage it as a chronic relapsing condition. One of the challenges when the criminal legal system is involved is that if you have a return to use, you’re a failure and you’re committing a crime. Rather than: you’re showing symptoms of your disease and we’re going to continue to provide you care.”

Mullet’s amendment would give judges discretion on the first offense, but on the second offense, those who fail to complete treatment will face a minimum of 21 days in jail, and for a third offense a minimum of 45 days—sentences Mullet said are often be knocked down, with good behavior, to 14 days and 30 days, respectively.

“Our hope is that in those 14 days, people can go through that kind of challenging withdrawal process where they don’t have access to substances,” Mullet said. “Then hopefully, at the end of those 14 days, now they’re in a better spot to realize: oh, maybe I should get treatment.”

Banta-Green says this is the approach the state has used for decades, and he believes it’s ineffective and harmful. “Incarceration is not innocuous,” he said. “I think legislators think it’s like having to go to a Motel 6 for the weekend and miss out on some parties.” A drug conviction and jail time can be a “scarlet letter” that limits a person’s future opportunities; it also “dramatically increases [the] risk of overdose,” Banta-Green said.

Two academic studies of people released from Washington state prisons have shown that the majority of deaths among those recently released from prison were overdoses and that within two weeks of release, inmates were 129 times more likely to overdose than the general population. 

Michelle Conley, director of integrated care at REACH, which serves unhoused Seattle residents with substance abuse disorders, says that for many of her clients who end up incarcerated, jail is detrimental to recovery. “People are traumatized by jail,” Conley said. “And then we’re 15 steps back from where they were. As providers we have to engage with them and rebuild trust… to make sure they see us as a provider and not just a part of the system.”

Even the bill’s seeming compromise between criminalization and decriminalization—coercive treatment—is problematic, Conley said.

Conley said the expectation that someone can be pushed into recovery with one session of 30 to 90-day inpatient treatment is unrealistic, especially if they’re released from treatment without ongoing support. “Churning people through this kind of treatment mill, and then sending them back on the streets, really serves as little more than a moment of respite,” Conley said. “Especially when people are released back to the same circumstances that drove them, oftentimes, to aggressive use.”

Not everyone who uses drugs needs to go to treatment, Banta-Green said, and people who would benefit from services “don’t want the treatment we have,” which often takes an all-or-nothing approach to sobriety. Instead of coercing people into conventional treatment with the threat of jail time, Banta-Green believes the state should implement one of the SURSAC committee’s recommendations: aggressively funding “health engagement hubs” that offer a range of services and treatment options to people who use drugs, including comprehensive harm reduction, health care, mental health care, addiction treatment, and medications.

“I absolutely believe that the criminal justice system is not the right place to deal with addiction. It’s just—this is where we are. And we need to move to provide alternatives, to provide other systems, and to fund and destigmatize other ways of helping people through addiction.”—Sen. June Robinson (D-38, Everett)

Banta-Green’s research team has worked with local public health agencies to establish pilot hubs in Seattle, Kennewick, and Walla Walla. He says the state would ideally have one of these hubs for every 200,000 residents, for a total of about 38 such facilities statewide.

Robinson’s bill directs the Washington Health Care Authority to “make sufficient funding available” to create health hubs within a 2-hour drive of all residents at the ratio to population Banta Green recommends. The bill also appropriates a $51 million—much of it from the state’s legal settlement with prescription opioid manufacturers—to fund opioid use disorder medications, crisis relief centers, and grants to LEAD and other programs that offer alternatives to arrest or jail time.  

Among other provisions, the bill legalizes handing out drug paraphernalia (such as smoking supplies) statewide, but an amendment added in the Ways and Means committee by Sen. Keith Wagoner (R-19, Sedro Woolley) would allow cities to opt out of that provision.

Dhingra added language to the bill that would set up a working group to study the creation of a safer drug supply system. Canada has incrementally started to experiment with prescribing pharmaceutical-grade drugs such as fentanyl to drug users to reduce the risk of overdose from street drugs, whose contents are unpredictable. However, that language also got stripped out of the bill in Ways and Means.

Following a year when King County had a record 998 fatal drug overdoses, all options should be on the table, Dhingra said.

 “If you want to help people get to recovery,” she said, “you have to make sure they’re alive in order to do that.”

Sen. Robinson, who sponsored the bill now moving forward, told PubliCola she believes her legislation offers a politically viable balance between restoring some criminal penalties and providing options for treatment.

Robinson, who has a masters in public health, said, “I truly believe all the research” about the need for a variety of approaches to drug use and addiction. “I absolutely believe that the criminal justice system is not the right place to deal with addiction,” she said. “It’s just—this is where we are. And we need to move to provide alternatives, to provide other systems, and to fund and destigmatize other ways of helping people through addiction.”

Robinson’s bill will likely get a floor vote this week, and it’s also likely that supporters of each competing approach to drug policy will offer a frenzy of competing floor amendments to shape the final bill. 

“Overdose Patients Can Become Violent”: Fire and Police Respond to Questions About Pedestrian Death

File:Seattle fire department medic 80.jpg
Atomic Taco, CC BY-SA 2.0, via Wikimedia Commons

By Erica C. Barnett

On Wednesday, the Seattle Police and Fire Departments responded to questions from the Community Police Commission about some of the circumstances that may have contributed to the death of Jaahnavi Kandula, a 23-year-old pedestrian who was killed in a marked crosswalk by SPD Officer Kevin Dave. Dave was driving to join Seattle Fire Department EMTs at a suspected overdose in South Lake Union. According to the response from Seattle Fire Chief Harold Scoggins, Seattle Fire Department policy requires police to be present when SFD responds to overdoses, because “overdose patients can become violent during treatment to reverse the overdose.”

The CPC asked the Fire Department to explain the reason it requires police officers to be present when Fire responds to overdose calls, posing four questions about the policy, how it came about, and “What percentage of drug overdose calls prior to the implementation of this policy included compromised safety, assaults, and/or injuries to SFD personnel related to reversing the effects of an overdose?”

In his response, Seattle Fire Chief Harold Scoggins said that the requirement “goes back at least 20 years and is designed to provide scene safety for firefighters and paramedics as overdose patients can become violent during treatment to reverse the overdose.” He did not answer the CPC’s question about how common it is for people coming out of overdoses to be violent, saying only that “[e]ncountering combative patients or bystanders on emergency responses has unfortunately become a reality for firefighters and paramedics.”

Narcan (or naloxone), the widely available overdose reversal drug, is used daily by non-emergency responders, including drug users themselves, and other public employees are trained to use it in the absence of paramedics or any armed response. In 2019,  then-Washington state health officer Kathy Lofy signed a “standing order” that made Narcan available over the counter without a prescription to any person who wants it, calling it a “very safe,” life-saving medication.

“When weighing the decision to respond using emergency driving, officers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”—Police Chief Adrian Diaz

In his letter, Scoggins said SFD has developed a “new method for tracking assaults and threatening behavior experienced by firefighters in the field,” in general, and has begun reporting this information. PubliCola has asked SFD for this data and will update this post with additional information when we receive it.

Seattle Police Chief Adrian Diaz also responded to the CPC’s questions. After describing the training officers receive in “emergency driving”—driving under emergency circumstances, such as a high-priority call where someone’s life is at risk—Diaz said officers are justified in taking “risks [that] “can result in severe consequences for the public and the officer. … When weighing the decision to respond using emergency driving…. [o]fficers must consider if the incident is life threatening, road conditions, vehicle and pedestrian traffic, weather, speed, lighting, and their own driving abilities.”

Diaz said the fact that the overdose was a Priority 1 call would not, in itself, necessitate emergency driving. “The priority level is a factor to consider but is not generally controlling,” Diaz wrote. “While many Priority 1 calls would warrant emergency driving under our current policy and training, not all do and officers are expected to consider the totality of the circumstances.”

PubliCola has filed a records request the audio from the initial 911 call; SPD categorically denied a separate request for all recorded audio related to the Kandula’s death, citing their ongoing investigation into the incident.

In a conversation with PubliCola last week, SPD Chief Adrian Diaz noted that Dave is a licensed EMT who was headed to the scene of a medical emergency, implying that he was on the way to respond to the reported overdose, not to provide security for the Fire Department. On February 6, the head of the Seattle Fire Fighters Union, Kenny Stuart, expressed frustration about SPD officers getting trained as EMTs and responding to medical emergencies like overdoses directly, saying this was the responsibility of the fire department, not SPD. (It’s a longstanding, ongoing issue.)

“Our EMS delivery system under the Medic One program is arguably the best in the country, and randomly allowing additional EMTs from other city departments to self-dispatch or to perform EMS functions at an incident does not improve or support the level of care we demand from this program,” Stuart wrote. “In fact, it unnecessarily complicates our response and diminishes the service that the public depends on and expects.”

Seattle Fire Department firefighters and paramedics are “the only personnel that are dispatched as EMTs” to medical emergencies, Stuart continued, “and they should be the only personnel who deliver EMS to the people of Seattle. We need our police officers to provide scene security and protect us so we can do our jobs effectively.”

Several years ago, SFD’s medical director told PubliCola the fire department preferred to use rescue breathing—a method to restore breathing in overdose victims without Narcan—followed by intravenous naloxone to facilitate a slower return to normal breathing without putting a person into instant opiate withdrawal. We’ve asked SFD whether this is still the department’s policy, and how the emergence of fentanyl has impacted overdose response, and will update this post when we hear back.

PubliCola has also reached out to Stuart.

Legislators May Prescribe Treatment for Drug Possession; More Legislative Staffers Unionize

1. One of the biggest conflicts in this year’s legislative session will be over how to replace a temporary drug possession law passed in 2021 in response to the a decision called Blake v. State of Washington, in which the state supreme court ruled that an existing law banning drug possession was unconstitutional because it criminalized “unknowing” as well as knowing drug possession.

The interim law, which expires in July, shifted most drug possession from a class C felony to a simple misdemeanor and required police to refer people people to treatment or other services for the first two offenses. Democrats have introduced three competing replacement bills that range from increasing criminal penalties for drug possession to decriminalization.

Last week, Sen. Manka Dhingra (D-45, Redmond), who chairs the Law & Justice committee, introduced a bill that largely decriminalizes possession of “personal amounts” of drugs. The legislation leans heavily on the recommendations of the Substance Use Recovery Services Advisory Committee (SURSAC), which was established in the interim bill and issued a report in December. The committee recommended decriminalizing possession of small amounts of drugs—similar to laws recently passed in Oregon and British Columbia—as well as exploring the creation of safe supply system, which would create a regulated, medical-grade supply of controlled substances to drug users. A solid body of academic research supports safe supply as a key to preventing overdose deaths.

However, Sen. Dhingra has acknowledged her bill doesn’t have the votes to pass in the Senate, telling PubliCola,  “Even if the policy [the SURSAC committee] designed doesn’t have the votes in the legislature, it’s important that their recommendations are represented in the debates as the legislature moves forward.”

Sen Jesse Salomon (D-32, Shoreline) has introduced a bill backed by a handful of Democrats and Republicans that would re-criminalize drug possession (addressing the issue raised in Blake by adding the word “knowingly” to existing law); increase penalties for drug possession’ and mandate treatment.

But the bill that seems most likely to emerge from committee is one sponsored by Sen. June Robinson (D-38, Everett), which reinstates the 2021 law but encourages participation in pre-trial diversion, including treatment, as an alternative to criminal penalties. 

2. Earlier this month, the state Public Employee Relations Commission ruled that a group of deputy city clerks and strategic advisors in the city’s legislative department could join the Professional and Technical Employees Local 17 (PROTEC17) bargaining unit, which also represents employees of the city council’s Central Staff, the city archivist, and the City Auditor.

Not everyone at the clerk’s office supported unionizing. The office is a motley group of employees who do very different kinds of jobs, under very different daily working conditions; they include IT professionals, staffers who read and decipher legislation on the fly during council meetings, and aides who deal directly with the public.

It’s unclear which issues the union will help employees of the clerk’s office tackle, but there are plenty of possibilities. Unlike employees in some city departments, many of those in the clerk’s office have had to return to (or remain at) their desks at City Hall, regardless of whether their job is public-facing or something that could be done from home. Some employees have job titles that don’t obviously correspond to their actual duties, resulting in lower pay than if they had a different job classification—a frequent complaint in many city departments. Workers with HR complaints have recourse to an ombudsperson, but their jobs are at-will and their ultimate boss is the city council president, a rotating position that’s currently filled by Debora Juarez.

Although it’s somewhat unusual for white-collar city workers, including many in highly compensated strategic advisor jobs, to unionize, there is a precedent in the legislative department: The clerk’s office is following in the footsteps the council’s central staff, who joined Protec17 in 2019.

—Andrew Engelson, Erica C. Barnett

Bill Would Expand Access to Fentanyl Testing, PubliCola Updates Seattle Employee Directory

Image source

1. As King County hit a demoralizing new record of 1,019 overdose deaths in 2022—a jump of nearly 30 percent over the previous year—a Republican state senator has introduced a bill that would make it easier to access test strips that can indicate the presence of fentanyl in drugs.

As PubliCola has reported, fentanyl is now the default opioid for drug users in King County, a trend that has driven the huge spike in overdoses. Even people who don’t seek out opioids can be at risk, because drugs like cocaine and methamphetamine can be contaminated with fentanyl. Test strips, which can detect the presence of fentanyl in a small amount of a drug, are an essential part of harm reduction efforts, but state law still classifies them as prohibited “drug paraphernalia,” limiting their availability.

Last year, GOP state senator Jim Honeyford, R-Sunnyside, filed a bill that would have changed that designation, but it died in committee. This session, Sen Ron Muzzall, R-Oak Harbor, reintroduced the legislation.

Muzzall told PubliCola that while substance abuse has always been an area of concern for him, it’s also a personal issue. Muzzall is friends with Skagit County Commissioner Lisa Janicki, whose son Patrick died of a fentanyl overdose in 2017 after becoming addicted to pain pills. Muzzall says he knew Janicki’s son and that his death made a deep impression. 

“When a mistake like that leads to having to bury your child.. . well, that emptiness never goes away,” Muzzall said. “And that was a tragedy that was brought about by a prescription of Oxycontin. The liability lies with the pharmaceutical industry that led up to that. And it’s just invading our communities.”

Janicki has been a vocal advocate for Attorney General Bob Ferguson’s successful lawsuit against opioid manufacturers, which will add $476 million to the state’s harm reduction and treatment efforts over the next 17 years. 

The fentanyl test strip bill is an essential part of those efforts, Muzzall said. “It’s just silly that we don’t make these as easily accessible as possible,” he said. “This bill will take the criminality out of providing them.”

Muzzall, who says fatal overdose is a behavioral and mental health crisis that will likely cost the state a billion dollars to address, is working alongside Democratic Sen. Annette Cleveland of Vancouver on a number of bills to address the issue, and hopes to successfully move the test strip bill through committee this time around.

“If an individual is compassionate, bipartisanship comes easily,” he said.

2. In 2021, then-mayor Jenny Durkan’s information technology department took the public-facing directory of city employees offline, removing a vital resource that allowed members of the public and journalists (as well as city of Seattle employees themselves) to contact people who work at the city. Public employees’ contact information is a matter of public record, and keeping this information secret violates a long tradition of transparency that persists in other government entities across the state, from King County to the entire State of Washington.

Durkan, who falsely claimed the directory would be online again in a matter of months, is no longer in office, but her successor, Bruce Harrell, has made no moves to restore this resource. The former city employee directory website is now a static page with links to a list of the city’s official media relations officers, the websites of various city departments, and the city’s data portal (which does not contain the directory).

Because we believe the city directory is a valuable public resource, PubliCola has taken it upon ourselves to maintain an updated database of city employees and their contact information ourselves. Here’s the latest searchable and downloadable version, with information current as of January 5, 2023. We will continue maintaining and updating this database until and unless the city of Seattle decides to put theirs back online.

—Andrew Engelson, Erica C. Barnett

King County is on Pace for a Record Year of Overdose Deaths

Overdoses in King County, 2012 (L) and 2021 (R)
Overdoses in King County, 2012 (L) and 2021 (R)

By Andrew Engelson

Tricia Howe, who directs an outreach program for drug users at REACH, Evergreen Treatment Services’ homeless outreach program, had firsthand experience of King County’s overdose crisis earlier this summer. In a matter of weeks, there were two overdoses outside REACH’s Belltown office.

“One of our case managers came into my office and said, “I think there’s somebody outside who doesn’t look like they’re breathing,” Howe said. “I grabbed a whole bunch of Narcan out of my drawer and ran outside.”

The man’s lips were blue, Howe said, and he wasn’t breathing, though he did have a pulse. She gave him a standard dose of naloxone nasal spray (Narcan), which can reverse the effect of opioids and restore a person’s breathing, but he failed to revive. So Howe gave him a second dose. “He took one deep breath, but was still not responsive,” she said. As Howe was preparing to administer a third dose, first responders arrived, put the man on oxygen, and he finally started breathing.

Based on the man’s response, fentanyl was almost certainly involved. The drug, which is up to 50 times more potent than heroin, can cause overdoses even among frequent opioid users. According to Howe, because fentanyl is cheaper to manufacture, it is quickly replacing heroin and oxycontin as the primary drug available to people who use opioids.

Data from the Washington State Patrol shows that the share of fentanyl in King County drug seizures has climbed dramatically, from around 10 instances in 2018 to more than 100 in 2021. Howe said that all of the counterfeit oxycodone (OxyContin) pills her staff have recently tested have been positive for fentanyl.

“It’s so available now and people are actually seeking it out at this point, where that was not the case before.” According to Howe, because fentanyl is cheaper to manufacture, it is quickly replacing heroin and oxy, and is making overdoses more common and more difficult to reverse. 

Though former mayor Ed Murray expressed early support for what would have been the first such sanctioned site in the US, Jenny Durkan’s administration showed little enthusiasm for supervised consumption. Durkan downgraded the plan in 2019 to a single site in a mobile van, citing concerns about the Trump administration’s legal action against a proposed consumption site in Philadelphia. 

A 2017 study showed that 83 percent of fentanyl overdoses in Massachusetts required a second dose of naloxone. Howe notes that overdoses of heroin or oxy were easier to reverse than fentanyl. “In the past, you could definitely expect the person to wake up and almost walk away,” says Howe.

Seattle and King County are in the midst of a severe overdose death crisis that began to spike during the pandemic and shows no sign of abating. People without shelter are particularly at risk. A ten-year study published in September by the King County Medical Examiner’s Office and Public Health Seattle-King County found that that accidental deaths nearly quadrupled  between 2012 and 2021 among people living unsheltered, and that overdoses now account for 71 percent of such deaths. 

As of last week, according to King County Public Health, there had been at least 710 fatal overdoses in the county this year. Of those, at least 473 involved fentanyl. That number has already eclipsed last year’s 708 overdose deaths, including 385 caused by fentanyl.

“When we first started our heroin and opioid task force in 2015, there were three fentanyl overdose deaths,” said Brad Finegood, a strategic advisor at the public health department. “The numbers have grown exponentially.”

Drug users tried to avoid fentanyl when it first arrived on the West Coast, Finegood said, but that attitude has dramatically shifted, and now people are actively seeking out fentanyl. According to a Pew study published in 2019 on drug use in San Francisco, more than half of opioid drug users now actively seek it, despite the dangers. Complicating matters, fentanyl is either smoked or vaporized and then inhaled, so traditional initiation barriers have fallen away.

“For younger people who are experimenting with drugs,” Finegood said, “that makes it much more feasible because they don’t have to use a needle.” Public Health and REACH have had to counter the misinformed belief that fentanyl is safer because it’s smoked rather than injected.

According to the US Department of Justice, most fentanyl originates in China and is made into pills or powders by cartels based in Mexico. Batches of fentanyl that are poorly blended can result in what Finegood calls the “chocolate chip cookie effect,” in which pockets of higher concentrations cause accidental overdose.

A young man named Ian who was living in an encampment near the Home Depot in the Bitter Lake neighborhood said in August that he had no choice but to start using fentanyl. Originally from Wasilla, Alaska, Ian said he first became addicted to opioids while taking Oxycontin for pain. “Then oxy disappeared,” he said. In 2016, the CDC advised doctors to lower prescription levels of oxycodone and this, combined with the Drug Enforcement Agency’s recent crackdown on illegal and fraudulent prescriptions, has made medical-grade pills rare.

Ian said that in the absence of oxy, he did heroin for a while. “Then that disappeared. Now it’s all fetty.”

Half a dozen people at the encampment told me they use fentanyl and know many others who do. Nearly everyone had witnessed overdoses and several said they knew people who’d died.

“Everyone’s doing fetty,” said Jessie, who’s 26 and has been using drugs, including meth, since she was 11 years old. She didn’t live in the Bitter Lake camp, but was helping a friend pack up their belongings before the city came to sweep the site. “I’ve been sober, but it didn’t last,” she said. When asked if she’d seen friends overdose, Jessie said, “Yeah, of course.”

The transformation of fentanyl from risky outlier to the opioid of choice in King County mirrors national trends. In 2021, fentanyl accounted for the majority of overdose deaths in the U.S, though methamphetamine continues to be a close second, both nationally and locally. 

Although Seattle, King County, and the cities of Renton and Auburn formed an opiate overdose task force in 2015, local leaders have shelved a key recommendation from the task force’s report: establishing two supervised consumption sites in King County. 

Seattle could have been home to the first such sanctioned site in the U.S., following the lead of Vancouver, B.C. and 200 other sites currently operating elsewhere in Canada, Europe and Australia.

Though former mayor Ed Murray expressed early support for what would have been the first such sanctioned site in the US, Jenny Durkan’s administration showed little enthusiasm for supervised consumption. Durkan downgraded the plan in 2019 to a single site in a mobile van, citing concerns about the Trump administration’s legal action against a proposed consumption site in Philadelphia. 

“It’s a no-brainer. If you don’t want people to use right in front of you and you don’t want needles all over your parks, then you’ve got to give people a place where they can go.”—Tricia Howe, REACH

Even as the Biden administration changed course and said it would consider allowing sites, neither Durkan nor Mayor Bruce Harrell followed through on the scaled-back plan. Earlier this year, New York City moved past Seattle and opened two safe consumption sites that have already succeeded in preventing 500 deaths.

Kris Nyrop, who spent two decades working on HIV prevention among drug users in Seattle and helped design Seattle’s Law Enforcement Assisted Diversion (LEAD) program, says the window for action in King County is quickly closing.

“We have two years,” Nyrop said. “Biden is not going to prosecute if Seattle moves forward. So how do we get Mayor Harrell and a majority of the council behind this?”

In fact, Councilmember Lisa Herbold added $1.1 million to the 2021 Human Services Department budget to create safe consumption spaces in existing social services facilities. The city did not move forward on that approach and Harrell’s proposed 2023-2024 budget does not fund it. 

Instead, Mayor Harrell has vowed to crack down on people who sell and use drugs, in a highly publicized effort to target “hot spots” such as the intersection of 12th and Jackson in Little Saigon. Anyone walking through the area today can see that this short-term strategy was ineffective at reducing public drug use and sales in the area.

Howe said that the only effective way to reduce visible drug use on the street isn’t more policing, but sanctioned consumption sites. “It’s a no-brainer. … If you don’t want people to use right in front of you and you don’t want needles all over your parks, then you’ve got to give people a place where they can go.”

In the absence of sanctioned sites, Public Health has been quietly moving forward on other, lower-profile strategies aimed at empowering drug users to consume drugs as safely as possible. 

In addition to social media campaigns to educate young people about the extremely high risks of fentanyl pills (“blues”), Finegood says Public Health is doing more targeted educational outreach to users about safer consumption practices. 

This includes training drug users to recognize the symptoms of overdose, encouraging people not to use alone, and making the overdose reversal medication naloxone widely available. Finegood said Public Health has set up the first mail-order naloxone program in the country, and is working extensively with local pharmacies to offer the drug free, without a doctor’s prescription. “We’ve also set up a couple naloxone and fentanyl tester vending machines,” Finegood said. Continue reading “King County is on Pace for a Record Year of Overdose Deaths”

In Reversal, Library Will Allow Staff to Use Narcan on a Voluntary Basis

Diagram showing how to administer Narcan to an overdosing personBy Erica C. Barnett

In a sudden reversal of longstanding policy (and after three years of dogged coverage by PubliCola), the Seattle Public Library announced Wednesday that it will stock its 26 library branches with Narcan (naloxone), a nasal spray that can reverse opiate overdoses. Each branch will get one two-dose kit of Narcan, and the downtown branch will get one for each floor, with a few left over for later distribution, a library spokeswoman told PubliCola.

Library staff who want to administer Narcan if someone overdoses will be able to go through voluntary training in how to administer the drug. Untrained staffers won’t be allowed to give the drug, according to the library’s announcement, meaning that if someone overdoses at a library with no trained staff, “there is no guarantee that a patron who overdoses on Library grounds will receive naloxone.”

This policy contrasts with other Seattle departments. Frontline Seattle parks workers, such as lifeguards, parks concierges, and park rangers, all carry Narcan and can use it without special training. Other library systems also supply Narcan to workers and the public. In Chicago, for example, all library staff are trained to use Narcan and the library distributes kits for free to anyone who wants one.

The library spokeswoman said she could not provide any details about why the department changed its policy. A blog post announcing the change said only that “over the last few months,” the library went through “a careful review process, which included updated guidance on liability from the City Attorney’s Office and an examination of other City departments’ practices.” We have reached out to City Attorney Ann Davison’s office for more information on the change.

In July, as we exclusively reported, a staffer asked if it would be okay for him to carry Narcan at work. At the time, the library said it had been advised by the city attorney’s office that employees who administered the drug would be unprotected by the both state’s Good Samaritan law, which protects people who voluntarily render emergency care, and a separate law protecting Washington residents from liability specifically for administering Narcan. Any library employee who used Narcan to try to reverse an overdose, a union representative told staffers in an email, could be subject to discipline.

A spokeswoman for the library said that the library is “requesting that staff not use their own supply of Narcan while at work during this interim period” before staffers have gone through training. “After staff volunteers are trained, we may revisit that.” The spokeswoman said the library is “in conversations about training with several organizations.”

Previously, the library had varying reasons for not stocking Narcan, which works by restoring breathing in an overdosing person. Back in 2020, a library spokeswoman told PubliCola that putting Narcan in libraries would require bargaining with the library union, for example.

People die of opiate overdoses when they stop breathing, and emergency responders often prefer to perform rescue breathing or provide oxygen to an overdosing person because naloxone can send people into rapid withdrawal, an extremely unpleasant side effect that, in practice, sometimes leads people to refuse additional care. Narcan, however, is extremely simple to administer—you squirt it into one nostril—and can save a person’s life during the period after they stop breathing but before medics arrive.

According to the King County Department of Public Health, there have been at least 42 likely overdoses in or outside public libraries in King County since 2019, including 16 inside library branches. Since 2017, at least eight people have died of drug-related causes at libraries in King County, half of them in Seattle.