BC receives three-year exemption to decriminalize small-scale drug possession

British Columbia has received a three-year exemption to decriminalize possession of small amounts of certain illicit drugs for personal use, the Ministry of Mental Health and Addictions announced.

The ministry confirmed that BC is the first province in Canada to receive the exemption from Health Canada under the Controlled Drugs and Substances Act. The exemption will provide another tool for the province to end the overdose crisis and reduce the stigma and harm associated with substance use.

“Substance use is a public health issue, not a criminal one,” said Minister of Mental Health and Addictions Sheila Malcolmson. “By decriminalizing people who use drugs, we will break down the stigma that stops people from accessing life-saving support and services.”

Under the exemption, the BC government will not arrest or criminally charge adults aged 18 years and older who possess up to a cumulative 2.5 grams of opioids, cocaine, methamphetamine, and MDMA for personal use. Instead, law enforcement will offer information on available local health and social services and voluntary referrals to those services.

Moreover, the exemption only covers drug possession for personal use by adults with no intent to traffic, produce, or export. It will take effect from January 31, 2023, to January 31, 2026.  

“This exemption is a vital step to keeping people alive and help connect them with the health and social support they need,” said provincial health officer Bonnie Henry. “By removing the fear and shame of drug use, we will be able to remove barriers that prevent people from accessing harm reduction services and treatment programs.”