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UPDATE WITH LEGAL OPINION – BC Applies to Health Canada – Decriminalize Small Amounts of Drugs Under 4.5g for “Personal Use” (INTERVIEW)

Victoria/Ottawa – In a serious drive to stem the opioid crisis and to remove stigma for addicts, B.C. is the first province in Canada to seek an exemption from Health Canada under Section 56(1) of the Controlled Drugs and Substances Act.

Based on the available data and extensive consultation, BC seeks to establish a cumulative binding threshold quantity at 4.5g, with no drug seizures, arrests, or charges for simple possession at or below this amount.

At this time, BC’s decriminalization framework will apply to adults at the provincial age of majority (19 years and older) within the geographic boundaries of British Columbia. Further work will address how decriminalization could be applied appropriately for youth and young adults aged 12 to 18.

Three approaches to defining personal possession were considered and discussed with the CPT, based on a review of approaches in other jurisdictions and careful consideration of strengths and limitations of possible options within this s.56(1) exemption:

• Indicative Threshold: A flexible, suggested threshold range of an illicit substance that an individual can possess for personal use. This option would allow for some discretion and consideration of individual circumstances by law enforcement.


• Binding Threshold: A firm threshold indicating the maximum amount of an illicit substance than an individual can possess for personal use. Discretion could still be exercised by law enforcement for those in possession above thresholds (i.e., it does not automatically indicate a charge such as trafficking). In this definition, binding thresholds
should be considered a floor, not a ceiling.


• No Thresholds: No recommendations on what constitutes a “personal amount” of a substance. This allows for maximum law enforcement discretion.

To see B.C.’s decriminalization submission to the federal government, visit: https://news.gov.bc.ca/files/DecrimSubmission.pdf

Sen. Larry Campbell, Senate of Canada – “I would like to congratulate the provincial government for being the first in Canada to step forward on this critical issue. We know that drug use is a health problem, not a criminal one. That means we must respond with a public health approach and not a criminal justice one. Moving toward decriminalization is one of the most important steps any government can take to save lives, families and communities.”

Kyla Lee of Acumen Law spoke with FVN on the BC Proposal to Health Canada – Decriminalize Certain Drugs Under 4.5g. Lee says that while this is good piece of legislation, it will move at a “glacier pace” through the legal hoops. Acumen Law specializes in cases involving impaired charges.

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