British Columbia became the first province in Canada to temporarily decriminalize simple possession of certain illicit drugs on Tuesday — a historic move towards addressing the fatal opioid overdose crisis in the province.
The federal Minister of Mental Health and Addiction, and Associate Minister of Health granted a Section 56 exemption under the Controlled Drugs and Substances Act (CDSA), allowing adults 18 years and older to possess illicit drugs including opioids, cocaine, meth, and MDMA within the province.
This comes over a year after the province moved an official request for exemption in April 2021.
Under the new rule, individuals found in possession of illicit substances under 2.5 grams will not be arrested, charged, or have their substances seized, the release said.
It’s not exactly what the province had demanded. In its exemption request, British Columbia had requested decriminalization of possession of up to 4.5 grams.
The new rule, scheduled for a period of three years, would come into effect on January 1, 2023, and end on January 31, 2026.
“The shocking number of lives lost to the overdose crisis requires bold actions and significant policy change, said Carolyn Bennett, federal Minister of Mental Health and Addictions and Associate Minister of Health in the release.
She added she has “thoroughly reviewed and carefully considered both the public health and public safety impacts of this request.”
Bennett said that removing criminal penalties for those in possession of small amounts of illicit drugs for personal use “will reduce stigma and harm and provide another tool for British Columbia to end the overdose crisis.”
Since British Columbia first declared a public health emergency for opioid-related deaths in 2016, over 9,600 individuals have lost their lives to opioid toxicity. The province has also stepped up with multiple tools like safe consumption sites, prescribing a safe supply of certain controlled substances, and naloxone kits for intervention.
Dana Larsen, an activist who also runs a storefront mushroom dispensary, said “any step towards decriminalization or depersonalization” of drugs is a “good one.” Although, he told Microdose that it is a long way away from “what we really need.”
“The fact that it took so long to get a diluted down version of what we were asking for in the first place shows that this is going to be a real challenging effort to actually get an end to prohibition and proper legal access to these substances,” he said.
The coming six months until the new rule is enrolled will be utilized to provide pieces of training and prepare for the policy shift, the CBC reported
.
The federal government has also committed an additional $11.78 million to support programs for substance use and addiction.
Decriminalization of the drugs in the province is being viewed as a part of a set of policies meant to address the opioid overdose crisis, the B.C. Ministry of Health said.
Kevin Yake, vice president of a non-profit group Vancouver Area Network of Drug Users (VANDU), told Microdose that the threshold of 2.5 grams is really low.
“People will still be arrested if the amount is to be set so low, since people may have different tolerance… and possessing more than the amount is still a criminal offence,” he said.
Yake also pointed out that the federal board had no individuals with lived experiences of drug use.
Trafficking, producing, importing, or exporting of controlled substances are still outlawed in British Columbia and do not get exempted under the new law.
Larsen emphasized the lack of safe supply would continue to spur more opioid-related deaths in the province. “We really need a safe, legal drug supply for people to stop having drug poisoning deaths.”
However, Larsen said the new mandate is “symbolic” and “rhetorical” for the many storefronts in Vancouver selling magic mushrooms and other substances under the so-called grey market, which “strengthens our argument that we should be left alone and we’re providing a safe supply.”
“Nothing that we do in our shop is any more or less legal or illegal than it would be with this legislation,” he said.
“It would seem more bizarre for the police to start cracking down on a guy selling mushrooms and LSD, while at the same time, decriminalizing possession of all drugs,” he said.
Last December, Toronto also unanimously voted to request the federal government the decriminalization of personal possession of drugs under the Section 56 exemption. In its report, the Toronto Board of Health proposed to establish a ‘Toronto Model’ that would closely work with those who have had lived experiences with drug use, as well as community-based service providers.
Although many advocates would have liked more sweeping reforms in yesterday’s announcement, having a major North American jurisdiction make a substantial move towards decriminalization will surely have positive repercussions across the decrim movement. Stay tuned for more.