Personal possession of up to 2.5 grams of illicit drugs will no longer carry a criminal charge in B.C., after January 31, 2023. (Pikist)

B.C. to remove criminal penalties for small amounts of illicit drugs

May 31, 2022 | 4:35 PM

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.

That was 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 B.C., and was already deemed too low a threshold by some drug-user groups that have criticized the province for failing to adequately consult them.

“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.”

Bennett points out the 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.”

B.C. is the first province in Canada to receive an exemption from Health Canada under a subsection of the Controlled Drugs and Substances Act so that adults are not subject to criminal charges for the personal possession of certain illegal drugs.

“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.”