What you need to know about the decriminalization of possessing illicit drugs in B.C. - Action News
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British Columbia

What you need to know about the decriminalization of possessing illicit drugs in B.C.

Starting Tuesday, it is no longer a criminal offence to possess small amounts of certain illicit drugs in B.C. for people aged 18 or above. Heres what you need to know about the province's drug decriminalization pilot.

B.C. granted exemption by federal government in November 2022; pilot will run until 2026

A man wearing a mask around his chin holds up three boxes, styled like cigarette cartons. They are marked 'Meth', 'Cocaine' and 'Heroin'. The man is surrounded by other people.
A man holds boxes containing tested cocaine, meth and heroin given out by the Drug User Liberation Front in July 2021. It will not be a criminal offence to possess up to 2.5 grams of certain illegal drugs in B.C. starting Tuesday, Jan. 31. (Ben Nelms/CBC)

Starting Tuesday, it is no longer a criminal offence to possess small amounts of certain illicit drugs in B.C. for people aged 18 or above.

It's part of a three-year pilot by the federal government, which granted B.C. an exemption from the Controlled Drugs and Substances Act (CDSA) on May 31, 2022.

While advocates for drug users say decriminalization alone won't stop thousands of people dying from a tainted drug supply, others say it is a step in the right direction when it comes to how drug users are treated.

Here's what you need to know about B.C.'s drug decriminalization pilot.

Which drugs are included in the pilot?

Under the exemption, up to 2.5 grams of the following four drug types can be legally possessed:

  • Cocaine (crack and powder).
  • Methamphetamine.
  • MDMA.
  • Opioids (including heroin, fentanyl and morphine).

Fentanyl and its analogues were detected in nearly 86 per cent of drug toxicity deaths from 2019 until 2022, according to the latest report from the B.C. Coroners Service.

How long will the pilotlast?

The exemption pilot is set to last for three years until Jan. 31, 2026, unless it is revoked or replaced before then.

Watch | Carolyn Bennett says B.C. decriminalization marks a shift in drug policy in Canada

B.C.'s exemption for small-scale possession of some illicit drugs takes effect Jan. 31

2 years ago
Duration 2:19
Mental Health and Addictions Minister Carolyn Bennett says the pilot project will run until 2026 and marks a shift in drug policy in Canada.

A Health Canada spokesperson said the federal government will monitor the pilotthroughout its durationto gauge its effectiveness.

On Monday, Carolyn Bennett, the federalminister of mental health and addictions, said the government plans to collect data on health, criminal justice interactions, public safety and other indicators throughout the next three years. That information will eventually be available to the public through an online dashboard updated quarterly, she said.

Does this mean those drugscan be sold legally?

No. Anyone caught selling drugs or trafficking them will still face criminal penalties in B.C.

Trafficking illegal drugs or possessing them for the sake of trafficking (not for personal use)could land a person in prison.

What is still criminal when it comes to drug use?

Possessing illegal drugs at schools, child-care facilities, and airports remains illegal.

Multiple municipalities, including Vancouver, have bylaws that prohibit drug use at city facilities andprivate areas like malls or cafes.

"However, adults removed from private establishments would not be subject to federal criminal charges for their personal possession of up to 2.5 grams of the illegal drugs listed in the exemption," the B.C. ministry of mental health and addictions said.

A woman wearing a mask holds up a sign that reads 'For decrim to work, we need a safe supply'. She is at the head of a row of people marching on a street.
A woman holds a sign during a protest in May 2021. The decriminalization pilot has been criticized for its low threshold, with advocates saying it likely won't stop thousands of people dying from a tainted drug supply. (Darryl Dyck/The Canadian Press)

How will the police enforce the threshold?

According to officials, police have been provided with infographics and photos illustrating what 2.5 grams of the decriminalized drugs might look like.

To determine which drugs are in someone's possession, officers are being instructedtosimply askthe drug user what they believe the substance to be.

The province has developed a training process for police that many departments, including the RCMP and Vancouver Police Department, have made mandatory for all officers.

Watch | People who use drugs say decriminalization won't save lives

Will drug decriminalization save lives in B.C.?

2 years ago
Duration 8:53
British Columbia is set to become the first province in Canada to decriminalize illicit drugs for personal use. In a province where more than six people a day die from contaminated drugs, provincial officials are hopeful decriminalization will save lives, but those most affected by the issue say its not enough.

The government sayspolice will not seize any drugs they find on an adult.

"Instead, they will be offered information about health and social supports, including local treatment and recovery services, if requested," the government said in a statement.

Why 2.5 grams?

When the province first applied for an exemption under the Controlled Drugs and Substances Act in November 2021, it sought a threshold of 4.5 grams.

The federal government lowered the threshold to 2.5 grams when they grantedthe exemption, citing feedback from law enforcement officials across B.C.

Addictions Minister Carolyn Bennett said the threshold was a "starting point" that can be adjusted as needed.

However, drug users have said both thresholds were far too low, given how most people consume substances.

How did we get here?

When B.C. first applied for the exemption in 2021, it was five years after a public health emergency was declared due to the spike in fatal overdoses resulting from a poisoned drug supply.

More than 10,000 B.C. residents have died since the emergency was declared in 2016.

Politicians and advocates have argued that decriminalizing drug use would remove the stigma associated with itand treat the crisis as a health issue rather than a criminal one.

However, others including B.C. Chief Coroner Lisa Lapointe have said that decriminalization won't do much to stop people from dyingand that only an accessible,safe supply of drugs would do so.

WATCH | B.C. hopes to reduce drug deaths with decriminalization:

B.C. 1st province to decriminalize small amounts of illicit drugs

2 years ago
Duration 2:33
The British Columbia government is decriminalizing carrying a small amount of certain illicit drugs in an effort to reduce the staggering number of overdose deaths. But advocates, drug users and researchers say it might not be enough to make a difference.

With files from Michelle Ghoussoub, Christian Paas-Lang and Bethany Lindsay