British Columbia becomes first province in Canada to legalize heroin, fentanyl, cocaine, other hard drugs

Beginning on Jan. 31, 2023, and lasting for a three year period of time, possession of small amounts of certain illegal drugs, such as opioids and cocaine, will be decriminalized in British Columbia, one of the largest provinces in Canada.

With the passage of the new law, residents of British Columbia who are older than 18 will be allowed to carry up to 2.5 grams of drugs such as cocaine, heroin, fentanyl, methamphetamine and morphine, the BBC reported.

British Columbia was granted permission by the government to try out the plan for three years, when the drugs will still be illegal but those carrying less than 2.5 grams will not be arrested, charged or have the drugs confiscated.

British Columbia is taking a critical step toward reducing the shame and fear associated with substance use as the federal Minister of Mental Health and Addictions and Associate Minister of Health announced the granting of a three-year exemption under the Controlled Drugs and Substances Act (CDSA) to remove criminal penalties for people who possess a small amount of certain illicit substances for personal use.

This exemption will be in effect from Jan. 31, 2023, to Jan. 31, 2026, throughout British Columbia. The Province will work with a broad range of partners to implement this policy change, including the federal government, health authorities, law enforcement, people with lived and living experience, Indigenous partners and community organizations to establish the public health and public safety indicators in order to monitor and evaluate the outcomes of this exemption in real time.

“The shocking number of lives lost to the overdose crisis requires bold actions and significant policy change. I have thoroughly reviewed and carefully considered both the public health and public safety impacts of this request,” said Carolyn Bennett, federal Minister of Mental Health and Addictions and Associate Minister of Health. “Eliminating criminal penalties for those carrying 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.”

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.

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

Over the past five years, British Columbia and the federal government have been building a continuum of care for mental health and substance use for people throughout the province and Canada. Increasing access to harm-reduction programs, such as safe consumption sites, safer supply and naloxone have been essential in saving lives. Implementing this exemption and reducing stigma around drug use is a vital part of the work toward decreasing barriers to this critical system of care.

“This exemption is a vital step to keeping people alive and help connect them with the health and social support they need,” said Dr. Bonnie Henry, B.C.’s provincial health officer. “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.”

Together, the federal and provincial governments will work closely to evaluate and monitor the implementation of this exemption, to address any unintended consequences and to ensure that this exemption continues to be the right decision for the people of B.C.