BC becomes first province to decriminalize small amounts of controlled drugs
Canada has approved BC’s exemption request to allow adults to possess small quantities of certain drugs without facing criminal charges.
It’s the first time something like this has happened in Canada, and it comes after years of advocacy amid the continuing overdose crisis in the province.
The new exemption will allow anyone in BC age 18 or older to possess up to 2.5 grams of MDMA, methamphetamine, cocaine, or opioids for personal use. Individuals will not face arrest for possession, and the substances will not be seized.
It will last for a three-year trial period from January 31, 2023, until January 31, 2026.
Health Canada
Federal Minister of Mental Health and Addictions Carolyn Bennett made the announcement from Vancouver, where she was joined by her BC counterpart Sheila Malcolmson.
“BC has been the epicentre of the overdose crisis for some time,” Bennett said. “While approving this request is significant, it must be seen as one additional tool in response to the crisis.”
Since April 2016, more than 9,000 British Columbians have died of an overdose of toxic drugs. Nationwide, nearly 26,000 Canadians died from opioid-related overdoses between September 2016 and September 2021.
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She clarified that decriminalization is not the same as legalization. The drugs remain illegal under the Controlled Drugs and Substances Act, and actions including trafficking and possessing more than 2.5 grams will remain illegal. In addition, it remains illegal for youth to possess controlled drugs.
“By decriminalizing people who use drugs, we will break down the stigma that stops people from accessing life-saving support and services,” Malcolmson said.
BC submitted the exemption request in November 2021, explaining to the federal government that there have been dangerous changes in the illegal drug market worsened by COVID-19, leading to a high proportion of toxic drugs.
Law enforcement actions surrounding drug possession may lead users to hide their drugs and avoid seeking treatment — increasing their risk of harm. In addition, drug laws disproportionately impact Indigenous and racialized communities, BC said.
Exemption specifics
There are certain places where the exemption does not apply, meaning possession of MDMA, methamphetamine, cocaine, and opioids remains illegal. Those places are:
- Airports
- Elementary and high schools
- Licensed childcare facilities
- Coast Guard vessels (including aircraft)
- In personal vehicles operated by a minor
In addition, Canadian Armed Forces members are not part of the exemption. People driving cars and watercraft must also store substances so that they’re not readily accessible by the driver.