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City discussing possible misdemeanor status for public drug use

Ward 4 Entrance
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TUCSON, Ariz. — Tucson leaders are looking at a new way to handle drug use in the city.

Ward 4 council member Nicki Lee is asking the Mayor and Council to set aside half an hour to look into making public drug use a misdemeanor, she says as a tool to help more people reach treatment resources for addiction and substance use disorder.

Lee says she and her team often gets calls about public drug use.

“Intersections, parks, buses, our transit systems, so people have a genuine concern about seeing so much drug use in our communities," Lee said. "At the same time, it’s really hard to see these individuals out there struggling.”

She says she was under the impression that they city's hands were tied since drug use is a felony under Arizona state law.

When someone is picked up for public drug use, their case is handled by the County Attorney's office instead of the city.

“If those cases can’t be prosecuted for any reason, then it leaves a gap in accountability,” Lee said.

That's a gap she believes could be closed if the city had a "tool" like a misdemeanor on the books. That way, she says, those using in public could be connected with resources at the Pima County Transition Center instead of the Pima County Jail.

“It gives them to opportunity to build the trust with the folks who need the resources," Lee said. "They may not accept the resources on the first time around and that’s OK.”

A county report says 99% of the people who came to the center in the first six months accepted resources offered by the county. However, for some, it took multiple visits.

Tucson's Mayor and Council will discuss Lee's proposal in their Tuesday Study Session.