B.C.’s decriminalization of people who use drugs comes into effect on Tuesday, Jan. 31.

Health Canada granted the Province of B.C. a subsection 56(1) exemption under the Controlled Drugs and Substances Act to decriminalize people who use drugs.

Beginning Tuesday, until Jan. 31, 2026, adults (18 and older) in B.C. will not be subject to criminal charges if they possess a small amount of certain illegal drugs for personal use.

“We know criminalization drives people to use alone. Given the increasingly toxic drug supply, using alone can be fatal,” said Jennifer Whiteside, B.C.’s Minister of Mental Health and Addictions.

“Decriminalizing people who use drugs breaks down the fear and shame associated with substance use and ensures they feel safer reaching out for life-saving supports. This is a vital step to get more people connected to the services and supports as the province continues to add them at an unprecedented rate.”

This exemption does not mean drugs are legalized, a joint B.C. Ministry of Mental Health and Addictions and Health Canada media release pointed out.

The drugs included in the exemption remain illegal; however, adults who are found in possession of a cumulative total of as much as 2.5 grams of opioids, cocaine, methamphetamine and MDMA for personal use will no longer be arrested, charged or have their drugs seized, if abiding by the scope and conditions of the exemption. Instead, police will offer information on available health and social supports, as well as local treatment and recovery options.

Drug possession in any amount will continue to be a criminal offence on K-12 school grounds and at licensed child care facilities. Further, decriminalization does not apply to youth 17 and younger.

Youth found in possession of any amount of illegal drugs are subject to the federal Youth Criminal Justice Act, which offers them alternatives to criminal charges in some cases.

Together, the federal and provincial governments will be working closely to evaluate and monitor the exemption to ensure the desired outcomes of decriminalization are met and there are no unintended consequences.

“Every day, we are losing lives to overdoses from the increasingly toxic illegal drug supply. We are committed to stopping this tragic epidemic with bold action and significant policy change,” said Carolyn Bennett, federal Minister of Mental Health and Addictions and Associate Minister of Health.

“By supporting British Columbia in this exemption to the Controlled Drugs and Substances Act, our government is providing the province with the ability to help divert people away from the criminal justice system and toward the health and social services they need. We look forward to continuous collaboration with the province to measure the public-health and public-safety outcomes, help save lives and bring an end to this crisis.”

To prepare for Jan. 31, the province has worked with police leaders to develop training resources and practical guidance, which are now available to more than 9,000 front-line police officers, the media release said.

“Decriminalization is an important part of an integrated approach, along with safer supply and public-health supports, to divert persons who use drugs away from the criminal justice system and toward health services and pathways of care because substance use is a health matter, not a criminal one. This approach has the potential to address harms associated with substance use, reduce stigma, prevent overdose deaths and increase access to health and social services,” stated Vancouver Police Department Deputy Chief Const. Fiona Wilson, who is also vice-president of the BC Association of Chiefs of Police.

In addition, the province is building new pathways into the health-care system by hiring health authority specific positions dedicated to building connections with local service providers and people referred by police.

These positions will also help connect people with resources and information on voluntary mental-health and addictions supports in their own community.

“The decriminalization of people who are in possession of drugs for personal use is one additional important step to save lives as we continue to tackle the toxic drug crisis in B.C. This exemption will help reduce the stigma around substance use that leads people to use alone and will help connect people to the health and social supports they need,” said Dr. Bonnie Henry, B.C. provincial health officer.

“The data clearly show that First Nations people continue to be disproportionately impacted by the ongoing toxic drug crisis in British Columbia. This is because First Nations people experience stereotyping, racism and discrimination in many different ways, including the health-care and judicial systems,” added Dr. Nel Wieman, acting chief medical officer, First Nations Health Authority.

“Decriminalization will help to mitigate the stigma and shame attached to substance use and reduce the negative impacts of criminal charges, which is especially important to First Nations people who are over-represented in the criminal justice system.”

This exemption is just one tool in the province’s toolbox in the fight against the toxic drug crisis. In addition, the B.C. government has been urgently working to build a comprehensive and seamless system of mental-health and addictions care that works for all British Columbians. This includes adding hundreds of new treatment beds and increasing access to harm-reduction programs, such as supervised consumption sites, safer supply and naloxone.

Lead image: BC Emergency Health Services paramedics responded to a total of 33,654 overdose/poisoning patient events in 2022 in the province, an average of 92 calls a day. e-KNOW file photo

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