Small possession falls to cities

Snohomish County Prosecuting Attorney Mark Roe says his staff is no longer taking on cases that involve less than two grams of narcotics.

The new policy was announced in a news release at the end of last month. The decision was made in response to an overwhelming workload, one that increased by 700 cases for trial deputies last year, and the penalties had little effect on underlying issues of addiction, according to the release.

“Courts are still understandably reluctant to incarcerate addicts for possessing small amounts of drugs, and even if imposed, jail doesn’t seem to address an addiction problem,” according to the release. “Recidivism is near 100%. Addicts will seemingly address their addiction when they decide to, not when we try to force them to.”

Prosecuting minor possession cases doesn’t appear to have a measurable impact on drug use, according to the release. They are not historically a high priority, and essentially punishing addicts for their illness.

Effects from the new policy will be felt at the local level.

Monroe Police Deputy Chief Ken Ginnard said anyone found with less than two grams of a drug within city limits will be tried in Monroe Municipal Court from now on. Those cases had been filed in Snohomish County’s superior and district courts up until this point, he said.

A misdemeanor will be handed down if convicted, instead of a felony. Many Washington counties have already adopted a similar response to drug possession, according to the prosecutor’s office.

“As we told law enforcement, we will always consider making exceptions if a particular case, in our opinion, does merit the expenditure of resources,” according to the release.

Ginnard said the prosecuting attorney informed heads of law enforcement agencies in advance of the announcement. He said for the department it meant having a few conversations with Monroe’s city attorney and municipal court staff. Otherwise, preparing to comply was not complicated, he said.

It is not known yet if the shift will put more burden on the local system.

“That is a tough question to answer, because it is so new, we haven’t been able to track any definite increase patterns at this point,” he said.

It is unlikely that crime will increase due to the decision, Roe wrote. If that does happen, his office will review the policy, which is a regularly process anyway. 

The prosecutor’s office’s charging and disposition standards were revised in October; the first time since 2014. Expedited offenses were previously three grams or less, which was lowered to one gram last year. 

“This change has increased the number of felony possession of controlled substance charges we file,” according to the document.

Snohomish County’s resources will instead target burglaries, robberies, assaults and DUIs, according to the release. Roe wrote he is leaving the problem to more appropriately be handled by social services and public health employees. He is also optimistic about Snohomish County Sheriff Ty Trenary’s recent approach to addressing addiction.

Gov. Jay Inslee met with Trenary in January to discuss the Diversion Center slated to open this month in Everett. The facility will have around 40 beds, and clients will work with the agency’s embedded social worker to get placed.

Once there, they can stay about two weeks at a time, while partnering with a case manager who will look for long-term options like substance abuse treatment programs, according to the sheriff’s office. The hope is to divert people from jail, many of whom are likely homeless, according to the agency, and to get them help.

Roe wrote that he is well aware that 70 percent of the county’s budget goes toward supporting criminal justice. The day of the release he learned King County had dropped 1,500 misdemeanor cases, also due to lack of resources.

“It has been made very clear, through this year’s budget process that failed to utilize a property tax increase already approved by voters, that more resources for our office were not going to be forthcoming. It is my job to utilize the resources granted as effectively and efficiently as possible, and live within my means.”