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Drug Nuisances

This page provides information on drug nuisances for local governments in Washington State, including state statutes, examples of local ordinances, and related resources.

It is part of MRSC's series on Nuisances: Regulation and Abatement.

Overview

Drugs are frequently more than a nuisance in the criminal justice system. However, in a neighborhood context, illegal drug use can have many of the same impacts as other nuisances. Housing values can decrease and the quality of life and safety in the area can go downhill.

The Washington state legislature adopted drug nuisance laws, Chapter 7.43 RCW, in 1988. These laws provide cities and counties with tools to combat illegal drug activity by authorizing civil actions in superior court to close buildings or units in buildings that are being used in connection with illegal drugs. These laws provide that the court must, upon finding that a drug nuisance exists, order that the building or unit within the building be closed for a period of one year (RCW 7.43.080 and RCW 7.43.090).  

A drug nuisance is defined by RCW 7.43.010 as follows:

(1) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in chapter 69.50 RCW, legend drug as defined in chapter 69.41 RCW, or imitation controlled substances as defined in chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place, is a nuisance which shall be enjoined, abated, and prevented, whether it is a public or private nuisance.

(2) As used in this chapter, "building" includes, but is not limited to, any structure or any separate part or portion thereof, whether permanent or not, or the ground itself.

Statutes and Regulations

Injunctions – Legal Process to Close Buildings Used for Illegal Drug Activity

Any property where a drug nuisance exists may be subject to abatement under Chapter 7.43 RCW. This includes apartment buildings, motels, hotels, taverns, stores, and private residences. In cases where a locality demonstrates a pervasive drug nuisance problem, courts can respond by utilizing to the full force of the abatement statutes by issuing injunctions to close drug nuisance buildings entirely.

However, courts may be less persuaded to close buildings in cases where the level of drug related criminal activity is not overwhelming, where the building owner has been taking reasonable efforts to address the problems, or where closing a building will displace innocent tenants or cause a business to lose its sole source of income. In those instances, courts may allow a building or apartment to remain occupied while efforts to abate drug nuisance are undertaken.

In order to expedite the abatement of drug-related building nuisances, the legislature gave these civil actions priority over most other civil proceedings (RCW 7.43.050). This potential for “speedy abatement” can enable city enforcement officials to get the attention and cooperation of apartment building owners. Because Chapter 7.43 RCW provides authority to file drug nuisance enforcement actions in superior court, cities and counties can commence a drug nuisance enforcement action under these state laws without having to pass their own local ordinances.

A good practice for localities seeking to abate drug nuisances in court is to request that the court’s abatement order include law enforcement authorization to enter any subject buildings and to remove occupants as needed to accomplish the nuisance abatement. To protect law enforcement personnel, the requested order language should specifically authorize the use of force as permitted by RCW 10.120.020 and other applicable law.

Examples of Drug Ordinances and Codes

Examples of Programs

Drug Task Force Programs

Crime Free Programs - Drugs in Housing

Programs to Curtail Drug Labs and Lab Cleanups

Recommended Resources


Last Modified: September 30, 2024