Ottawa/Victoria – Reaction to the announcement to a short term exemption to decriminalize possession of small amounts of illegal drugs for personal use, is raising eyebrows.
This as the opioid crisis has been raging since 2016 and in BC alone, thousands have died from fentanyl laced drugs that have poisoned the supply for addicts.
This exemption will be in effect from Jan. 31, 2023, to Jan. 31, 2026, throughout British Columbia.
This exemption is not legalization. These substances remain illegal, but adults who have 2.5 grams or less of the certain illicit substances for personal use will no longer be arrested, charged or have their drugs seized. Instead, police will offer information on available health and social supports and will help with referrals when requested.
As Andrew Woo of the Globe and Mail noted: B.C. had sought threshold of 4.5 grams, citing ↑ opioid tolerance from fent, DTES economy, some ppl share small amounts. Health Canada says 2.5 grams balances public health and public safety, despite little research on threshold limits.
UBC Professor Ben Perrin Author, “Overdose: Heartbreak and Hope in Canada’s Opioid Crisis” (Penguin Random House, 2022) also noted: Some problems with this announcement – 1) Thresholds too low (will encourage more potent drugs) 2) Age limit (under 18 and you’re a criminal still) 3) Not national (73% deaths outside BC) 4) Expiry date of Jan. 31. 2026
Kyla Lee with Acumen Law Corporation : These limits are really low. They don’t address the most at-risk users who would be taking doses higher than that as regular use. The exemption also does not permit people to operate safe distribution of clean drugs as it is only personal use amounts. In addition, Crown policy in Canada was already not to prosecute people for small amounts of personal possession in any event. So this is really just codifying part a practice that was already in place.
Peter Lang, President – Chilliwack Metis Association: As many of you may know, my son Nick was criminalized in order to receive access to treatment for his addiction in 2015. It led to his tragic death. The decriminalization of small amounts of illicit drugs is a much needed step in the right direction. We need to treat addiction like the health care problem that it is, rather than a criminal problem. The next step is safe supply, followed by safe and affordable housing. Then we can bombard people with resources to overcome their addictions. In the end, when we treat addiction as a health issue at the front end, it saves us 10 x that amount on the back end. Specifically, we will save more money in court costs, and prison costs than what we invest in health care and housing.
The British Columbia Association of Social Workers (BCASW) welcomes the decriminalization of small amounts of illicit substances in principle but warns that the change does not go far enough to have the intended outcome of reducing stigma and saving lives.
As federation Partners of the Canadian Association of Social Workers (CASW), BCASW has long supported the decriminalization of the personal use of substances to advance a public health approach to drug policy.
“Though we are so pleased the federal government has granted this exemption, it falls sorely short of what is needed,” said BCASW President, Michael Crawford. “As it stands, this change is not enough — it’s our hope that discussion on the exemption limit continues and that a higher, more practical limit is set quickly: the federal government cannot afford to be performative when it comes to people’s lives.”
In their application, the province asked for an exemption for 4.5 grams of illicit substances. This was based on extensive research and consultation with those with lived experience of substance use, who determined that this was an acceptable – though still very conservative – small supply for personal use over a few days. The federal government’s exemption has allowed for only 2.5 grams.
“The federal government is demonstrating they are ready to listen to the evidence on decriminalization – so why not listen to the evidence when it comes to the details?” added Crawford. “Now is the time to listen to experts, and, most importantly, the voices of lived and living experience.”
This announcement comes at an interesting time for Canada, as Bill C-216, a Private Member’s Bill that would federally decriminalize small amounts of drugs and bring forth other public health approaches to drug policy, is set to be debated in the House of Commons today.
“We strongly support Bill C-216 because it would affirm what experts, advocates, and those with lived experience of substance all know to be true: substance use is a health issue, and if we keep treating it like a criminal issue, we will never solve the opioid crisis and save lives,” said CASW President, Joan Davis-Whelan. “We are hopeful Members of Parliament will see this as the non-partisan, health issue that it is, and quickly pass the Bill to the Committee stage.”
Beyond the strong positive step of decriminalization, other resources are also needed to not only save lives, but foster dignity, health, and safety for all. Any change to criminalization must be accompanied by more robust supports: an increased safe supply and additional treatment and recovery spaces are profoundly necessary.
“There is no one silver bullet to solve the opioid crisis – it’s going to take a combination of elements working in concert – but decriminalization is an incredibly important one,” concluded Crawford, “we are hopeful this step in BC is the first of many.”
From the Canada.ca website:
Which illegal drugs and how much
Under the exemption, adults aged 18 years and older in BC will not be arrested or charged for the possession of four types of illegal drugs for personal use:
- Opioids (including heroin, morphine, and fentanyl. See the exemption for the full list)
- Cocaine (including crack and powder cocaine)
- Methamphetamine (Meth)
- MDMA (Ecstasy)
The exemption explained
The Exemption in full is available here.
The federal Minister of Mental Health and Addictions and Associate Minister of Health granted the province of British Columbia (BC)’s request for a subsection 56(1) exemption under the Controlled Drugs and Substances Act for adults (18 years of age and older) in the province to possess small amounts of certain illegal drugs for personal use. BC has referred to this as “decriminalization of personal possession of illegal drugs”.
What this means is that from January 31, 2023 to January 31, 2026, adults (18 and over) in BC will not be subject to criminal charges for the possession of a cumulative total of up to 2.5 grams of certain illegal drugs for personal use. Instead, all individuals found in possession of substances listed in the exemption of up to 2.5 grams for personal use will, at minimum, be provided with information on available local health and social services. They can also be provided with assistance to connect with those services if requested. The exemption only covers possession for personal use by adults (18 and over) in BC with no intent to traffic, produce or export.
