As the overdose crisis rages on, BC is removing criminal penalties for people who possess small amounts of certain illicit substances starting next year—the first province in Canada to do so.
The three-year exemption, granted by the federal Minister of Mental Health and Addictions and Associate Minister of Health, will be in effect provincewide from January 31st, 2023 to January 31st, 2026.
This means adults who have 2.5 grams or less of illicit substances for personal use, including opioids, cocaine, methamphetamine and MDMA, will no longer be arrested, charged or have their drugs seized, the provincial government said Tuesday.
While police will instead offer information on available support and help with referrals when requested, officials note an exemption is not legalization, with the substances remaining illegal.
It’s a move that comes as BC grapples with overdose deaths and related harms, declaring the overdose crisis a public health emergency in 2016 before requesting a decriminalization exemption under the Controlled Drugs and Substances Act last November.
Recent statistics show an estimated 165 British Columbians lost their lives in March due to drug toxicity, with nine of those deaths recorded in Victoria, according to the BC Coroners Service.
That’s nine local families who lost a loved one amid the ongoing crisis, pushing the province’s illicit drug death toll to more than 9,500 since January 2016.
“The shocking number of lives lost to the overdose crisis requires bold actions and significant policy change,” noted Carolyn Bennett, federal Minister of Mental Health and Addictions and Associate Minister of Health.
“I have thoroughly reviewed and carefully considered both the public health and public safety impacts of this request,” she said.
BC’s Minister of Mental Health and Addictions, Sheila Malcolmson, echoes Bennett, saying substance use is a public health issue, not a criminal one.
“By decriminalizing people who use drugs, we will break down the stigma that stops people from accessing life-saving support and services,” added Malcolmson.
According to the BC government, implementing an exemption and reducing the stigma around drug use is a “vital part of the work toward decreasing barriers to this critical system of care.”
“Together, the federal and provincial governments will work closely to evaluate and monitor the implementation of this exemption, to address any unintended consequences and to ensure that this exemption continues to be the right decision for the people of BC.”
Victoria Police voice support
VicPD Chief Del Manak welcomes the announcement and says ending the overdose epidemic requires an “integrated approach,” including continued public funding, public education, and legislative changes.
“We must work together to find better pathways to care, support, treatment and recovery,” added Manak.
“At the same time, VicPD will continue enforcement efforts against those who import, produce and distribute illicit drugs, especially fentanyl. Decriminalizing drugs alone will not solve the overdose epidemic that continues to claim too many lives across our province.”
