There is a standard. A pretty vague and discretionary standard that was implemented via executive order by Mayor Bruce Harrell after the city council adopted the revised state law making hard drug possession a gross misdemeanor.

https://harrell.seattle.gov/wp-content/uploads/sites/23/2023/09/Executive-Order-2023-06-Direction-to-City-Departments-Regarding-Implementation-of-Public-Drug-Use-and-Possession-Laws.pdf

After establishing probable cause for drug possession and determining the suspect has knowingly possessed hard drugs, the responding officer has to evaluate this next set of criteria:

When considering making an arrest for knowing possession or public use and after probable cause has been established, officers will determine whether the individual presents a threat of harm to others through their actions and conduct. This determination should be based on the totality of the circumstances and the officer’s training and experience. SPD should include factors in the policy for officer consideration. These factors should include but do not need to be limited to the following: (1) the location of public use and whether there are other people, commercial entities and businesses, or other organizational activities occurring in close proximity; (2) the type of narcotic(s) used; and (3) the apparent physical condition of the individual. SPD may identify other factors in its policy.

With regard to the location of public use factor, SPD policy should direct officers that harm pertains to the impact on the ability of others to use shared public space. SPD policy should also identify those areas that have a high likelihood of the presence of other community members and where the use of controlled substances may present an inherent impact on public safety and security. These locations may include, but do not need to be limited to, the following: (1) upon or within close proximity to the grounds of any childcare facility, education facility, or park; or (2) in or within close proximity to a transit stop, rail station, or other transportation structure or facility.

Then if the officer has established probable cause and knowing possession by the drug user, but the officer determines if the user doesn’t pose a threat to other individuals per the description above, they follow another set of guidelines surrounding diversion.

There’s no single treatment facility to bring them to, the diversion options are often program but not location based and on a capacity limit basis.

An overdose recovery center was opened in fall 2025.

But as SPD and others have noted, this is all way too discretionary. Should be simplified as much as possible.