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Tucson council weighs misdemeanor for public drug use as part of wider homelessness strategy
Summary
Councilmembers debated a possible city ordinance creating a misdemeanor for public drug use to give police a locally trackable tool when felony prosecutions fail, while staff and county partners urged parallel investments in treatment, courts and the Transition Center.
Tucson Mayor Regina Romero and the City Council spent the Sept. 23 study session focused on the city’s response to unsheltered homelessness and the rise in public drug use, weighing whether to draft a city ordinance that would treat public possession or use as a local misdemeanor.
Councilmember Nikki Lee introduced the conversation as an effort to give law enforcement and local courts a tool when felony arrests are unlikely to be prosecuted, saying the goal is to “leverage arrests into treatment, not criminalize addiction.” Chief of Police Chad Casimir told the council that the department made nearly 4,300 narcotics-related arrests year to date and that about 65% of felony cases are not moved forward by prosecutors, a gap that can make local data and accountability difficult to track.
Chief Casimir outlined three possible paths: rely on underlying misdemeanor charges and process cases through justice court; secure a felony-waiver from the county prosecutor to allow charging flexibility; or create a new city ordinance that would retain recordable charges and enable diversion programs. He emphasized the need for coordination with Pima County’s attorney and the courts to preserve options that funnel people into treatment programs such as the pre-conviction STEP diversion.
City staff cautioned that any change would require investments in court capacity and wraparound services. The city manager and the assistant city manager estimated that scaling a court-based diversion program with magistrates, public defenders, prosecutors and case coordinators could cost in the low millions annually; staff recommended a working group to scope fiscal and operational needs.
Pima County officials urged continued partnership. Kate Vesely, Pima County justice-services director, described the county’s Transition Center — a no-wrong-door facility near the jail — as a practical partner for diversion and reentry: attendees from the center had a markedly lower 30-day rebooking rate (about 7% for participants versus roughly 28% baseline in non-domestic misdemeanors). County leaders said expanding the Transition Center to seven days a week and growing sober/detox capacity would require additional staffing, a second modular unit and diversified funding, including opioid-settlement and grant dollars.
Council members from across the dais expressed support for a deliberate, data-driven approach. Several urged forming an internal working group and an ad hoc, time-limited Safe City task force to examine ordinance language, equity impacts, court and treatment capacity, enforcement logistics and funding sources. Mayor Romero and staff committed to sending letters to the county attorney and the Board of Supervisors requesting written clarity on prosecutorial criteria and transition-center capacity; staff agreed to return to council with recommendations within about 60 days.
Next steps: council directed staff to set up the internal working group, continue county collaborative talks (including exploring a felony-waiver process), and analyze costs, capacity and racial-equity impacts before deciding whether to draft an ordinance.
