Drug possession exemption in BC: First of its kind in Canada

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As of 31 January 2023, the British Columbia government plans to decriminalize possession of up to 2.5 grams of certain drugs by those over 18, which is the first exemption of its kind in Canada. Given the overdose and drug crisis that is occurring in the province, the government’s response in decriminalizing the possession of small amounts of these drugs is aimed to reduce barriers and stigma that prevent people from accessing support that they need.

According to the Office of the Provincial Health Officer and BC Centre for Disease Control, the COVID-19 pandemic increased the risk of overdose, illness, and death for drug users. In fact, since the pandemic started, overdoses in BC have only increased and are now at an all-time high. This is due to a multitude of factors, including the COVID-19 response measures which include a reduction in supervised consumption services and community drug checking services.

According to UBC, Faculty of Medicine, in 2021, more than 2,200 British Columbians died due to illicit drug use. To fight the drug crisis in the province, the government has decided that decriminalizing drugs is an important step—it will allow those who are in an emergency situation to seek support and access life-saving services. Health Canada granted the exemption from the Controlled Drugs and Substances Act to allow for this exemption, and it will take effect for three years, from 31 January 2023 until 31 January 2026. During this time, adults in BC will not be arrested for possessing equal to or less than 2.5 grams of the following drugs: opioids (heroin, morphine, fentanyl), crack and powder cocaine, methamphetamine, and MDMA (ecstasy). If one is found with these drugs in the prescribed amount on them, they will be offered information regarding health support and recovery services, if needed.

According to former BC health officer, Dr. Perry Kendall, it will likely take a year before any data as to this law’s efficacy will be available. BC’s government makes clear that this does not equate to legalization. In other words, possession of these drugs is not legal and thus they cannot be legally sold. Any other drugs that are outside of the ones mentioned above are not exempt, and there are certain situations where one cannot possess these drugs (i.e., on secondary school premises).

In a study conducted by Leger, it seems like British Columbians are split on decriminalization of hard drugs: Only fifty per cent of British Columbians support this decision. However, the government states that its goal is to save lives, and hopefully by removing the fear of being penalized for drug possession, people will step forward and ask for the help they need.

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Melannie Freza
By Melannie Freza

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