Possession of 2.5 grams of illegal drugs to be decriminalized in BC next year

British Columbians who possess up to 2.5 grams of illicit drugs for personal use will not be arrested or charged starting early next year as part of the province's request for an exemption from Canada's drug laws following a record number of overdose deaths.

The three-year exemption effective Jan. 31 will apply to drug users 18 and over and include opioids, cocaine, methamphetamine and MDMA, also known as ecstasy.

The allowable amount of illegal substances falls short of the 4.5 grams requested by BC, and was already deemed too low a threshold by some drug-user groups that have criticized the province for failing to adequately consult them.

BC submitted an application to the federal government last November asking for an exemption to the drug laws as part of a public health approach to the overdose crisis, which has killed nearly 10,000 people since an overdose emergency was declared in 2016.

Over 27,000 people have died across the country from toxic illicit drugs since then.

BC said in its application that criminalizing drug use increases stigma, deterring people from seeking services that could prevent overdoses and causing them to be fearful of calling police when they're in unsafe situations.

"Substance use is a public health issue, not a criminal one," said Sheila Malcolmson, BC'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."

The provincial government was keen to emphasize that the new policy "is not legalization," adding: "These substances remain illegal."

In a release issued this afternoon, the government added: "Instead [of arresting people with illegal drugs], police will offer information on available health and social supports and will help with referrals when requested."

The province said it was introducing the policy as a way of "reducing shame and fear" associated with drug use.

The exemption will expire on Jan. 31, 2026.

"I have thoroughly reviewed and carefully considered both the public health and public safety impacts of this request," said Federal Minister of Mental Health and Addictions Carolyn Bennett.

"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."

Both the federal and provincial governments pledged to "evaluate and monitor the implementation of this exemption" so any "unintended consequences" can be addressed.

Provincial Health Officer Dr. Bonnie Henry added: "This exemption is a vital step to keeping people alive and help connect them with the health and social support they need.

"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."

BC will become the first jurisdiction in North America to lift prohibitions on possession of small amounts of hard drugs.

In 2020 Oregon decriminalized such possession, but the drugs were still subject to seizure, and those in possession faced a US$100 fine.

– With files from the Canadian Press