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Decriminalizing people who use drugs in B.C.

Last updated: May 9, 2024

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What is decriminalization of people who use drugs

Addiction is a health issue, not a criminal one. Decriminalizing people who use drugs is one of the many actions B.C. is taking to respond to the toxic drug crisis that is killing our loved ones, so people live to get the care they need – from prevention and harm reduction to treatment and recovery. 

The goal of decriminalizing people who use drugs is to reduce stigma and fear of criminal prosecution that prevents people from reaching out for help, including medical assistance.

Currently in B.C.:

  • Public drug use is illegal. People are not allowed to use or possess illicit drugs in public spaces, such as hospitals, businesses, transit, and parks.
  • Adults can legally possess small amounts of some illicit drugs (opioids, cocaine, meth and ecstasy) for personal use in specific places including private homes, shelters, and outpatient addiction, overdose prevention and drug-checking service locations. 

How the Health Canada Exemption works

Health Canada granted the province of B.C. a three-year exemption under the Controlled Drugs and Substances Act to decriminalize people who use drugs, which came into effect January 31, 2023.

Under the exemption, possessing small amounts of certain illicit drugs for personal use in specific locations is allowed. 

In these locations, adults 18 and older will not be arrested, charged or have drugs seized for possessing small amounts of certain illicit drugs for personal use. Instead, people will be offered health information and referred to treatment and supports if requested.

Locations: 

  • Private residences 
  • Places unhoused individuals are legally sheltering (indoor and outdoor locations) 
  • Overdose prevention, drug checking and supervised consumption sites  
  • Places that provide out-patient addiction services like rapid access addiction clinics 

Illicit drugs covered under the exemption (up to 2.5 grams combined):

  • Opioids (such as heroin, morphine and fentanyl) 
  • Crack and powder cocaine  
  • Methamphetamine (meth) 
  • MDMA (ecstasy) 

 What remains illegal

  • Adults 18 and older cannot possess: 
    • more than 2.5 grams combined of the drugs covered under the exemption 
    • any amount of other illegal drugs not covered under the exemption 
    • any amount of drugs in public places like hospitals, businesses, transit and parks 
  • Youth under 18 cannot possess any amount of drugs. 
  • Illicit drugs are not legal. They cannot be trafficked or sold in stores. 
  • Drug production, import and export remain illegal, unless authorized under the CDSA. 

Enforcement and public safety

  • Police have received guidance to support treating addiction as a health issue not a criminal one. 
  • Officers now have tools and the power to enforce against problematic drug use in public places.  
  • When called to a scene where illegal and dangerous drug use is taking place, police can: 
    • Offer health information and referrals to treatment and social services  
    • Compel the person to leave the area 
    • Seize the drugs, when necessary 
    • Arrest the person, if required 
  • In addition, rapid response teams operate in many communities to respond to calls for people in mental health or addiction crisis: 
    • Mobile Integrated Crisis Response Teams pair police with a psychiatric nurse or social worker trained to deescalate high-risk situations, offer immediate specialized care, and connect people to recovery supports instead of legal consequences. 
    • Peer Assisted Care Teams of mental health and trained peer support workers provide compassionate, trauma-informed care in low-risk situations. 
  • Safe Community Situation Tables bring together frontline staff from police, health and social services sectors to connect vulnerable people to addiction, mental health and housing supports before they experience a negative or traumatic event like overdose or incarceration. 

Connecting people to care and treatment

Addiction treatment and recovery is complex. There’s no single solution that works for every person.  

B.C. is building a model of care that helps people no matter where they’re at in their journey – from prevention and harm reduction to treatment and recovery. 

  • If looking for help now, supports are available 24/7 at Help Starts Here.  
  • If using drugs, take steps to stay safer: 
    • Carry a Naloxone kit. 
    • Use the Lifeguard app when using alone, it will alert 911 in case of overdose. 
    • Access services at drug checking, overdose prevention, and supervised consumption sites. 
    • Ask a health care provider how to find a pathway to recovery that works for you. 

Monitoring and evaluation

  • Health Canada requires B.C. to closely monitor and evaluate the implementation, early outcomes, public awareness and unintended consequences to inform ongoing adjustments. 
  • B.C. is monitoring: 
    • changes to law enforcement practices 
    • changes in socio-emotional wellbeing of people who use drugs 
    • pathways to services and treatment 
    • progress on efforts to build a system of care for mental health and addiction 
    • data on drug seizures and charges for personal possession related offences 
    • public awareness and understanding of decriminalization  
  • BCCDC continues to monitor and report data on unregulated drug poisonings. 
  • Government of Canada, through the Canadian Institutes for Health Research, is funding third-party research to assess the impact of the exemption on addressing substance use harms.

Reports

Resources