(Vancouver) Canada and British Columbia are taking a first step toward decriminalizing the possession of illicit drugs in an effort to continue stemming the overdose crisis. As of next January 31, a person caught in possession of a small quantity of illegal drugs on the territory of the province will not be arrested or charged.
Posted at 4:03 p.m.
This new strategy is part of the objective of curbing the epidemic of overdoses which has caused a record number of deaths in British Columbia. Minister of Mental Health and Addictions and Associate Minister of Health Carolyn Bennett used Section 56.1 of the Controlled Drugs and Substances Act, which allows her to grant an exemption from the application of the said Act .
For the moment, the approach provides for a three-year exemption for all adults in British Columbia. From January 31, 2023 to January 31, 2026, persons in possession of less than “2.5 grams of certain illicit drugs for personal use […] will not be subject to criminal prosecution”. The drugs will not be seized either.
Among the substances included in the project, we note opioids, cocaine, methamphetamines and MDMA also called “ecstasy”.
Minister Bennett was very clear that this is not the legalization of drugs and that this decision was not taken lightly. In a press release, she stresses the importance of “finding innovative solutions” to the problem. She added that this project carries a heavy responsibility to ensure the well-being of British Columbians and potentially other Canadians.
With this announcement, British Columbia is set to become the first jurisdiction in North America to lift any prohibition on possession of a small amount of hard drugs. In 2020, Oregon had decriminalized simple possession, but authorities still continued to seize the drug without filing charges. Violators also had to pay a fine of US$100.
The quantity determined by the federal government remains far from the 4.5 grams requested by the government of British Columbia. Several groups defending the rights of drug users have also indicated that this threshold is far too low to be effective. These same groups had previously criticized the province for not consulting them adequately.
In November, the province became the first in the country to seek an exemption aimed at eliminating criminal penalties and reducing the stigma associated with substance use as part of a public health approach. The overdose crisis has killed nearly 10,000 people in the province since a state of emergency was declared in 2016.
From coast to coast, more than 27,000 Canadians died from overdoses of illicit substances during the same period.
British Columbia’s Minister of Mental Health and Addictions, Sheila Malcolmson, argued in her request for an exemption to Ottawa that criminalization had the effect of adding to the stigmatization of consumers. In addition, the fear of being arrested discouraged people from calling the emergency services when they found themselves in a risky situation.
“Consuming alone can also mean dying alone, particularly in the context of a tragic increase in drug toxicity,” argued Minister Malcolmson, who believes that this paradigm shift should lead to a change in the perception of addictions.
For her part, the province’s Chief Medical Officer of Health, Dr.D Bonnie Henry, believes that this exemption is a crucial step for the survival of consumers and to get them to use the health and social services resources they need.