B.C. requests federal approval to decriminalize small amounts of drugs

Vancouver -

The B.C. government has requested a federal exemption that would allow the province to decriminalize small amounts of hard drugs.

But advocates argue that even if the application is approved, the proposed possession limits would only protect about half the residents who use substances such as heroin and fentanyl.

Sheila Malcolmson, B.C.'s minister of mental health and addictions services, said the province hopes decriminalization would serve to remove some of the stigma around drug use, and increase the likelihood of drug users seeking treatment.

"I hear that shame and fear keeps people from accessing life-saving services and treatments, and shame and fear can make people hide their drug use," Malcolmson said. "And especially at a time of terribly toxic supply, using alone can mean dying alone."

Approximately 7,700 people have been killed by toxic drugs across British Columbia since the province declared the overdose crisis a public health emergency in 2016, according to the Ministry of Mental Health and Addictions.

While overdose deaths decreased before the COVID-19 pandemic, they have since reached all-time highs, despite what Malcolmson called a "historic" increase in services that includes a doubling of supervised consumption sites and more than 100 adult treatment beds.

"As the coroner has noted, some days we are losing six people per day to toxic drugs," she added. "We have not ended the public health emergency. And so we must do more, and today represents the next step."

B.C.'s request to Health Canada, made under Section 56 of the Controlled Drugs and Substances Act, would remove criminal penalties for individuals carrying up to 4.5 cumulative grams of drug such as heroin, fentanyl and cocaine. The province is the first to seek such an exemption.

"Substance use and addiction is a public health issue, it is not a criminal justice issue," Malcolmson said.

Some police forces, including the Vancouver Police Department, already have "de facto decriminalization," and don't pursue charges for simple possession. Malcolmson told reporters an exemption at the federal level would mean the policy could be applied across the province.

B.C. said social services groups, Indigenous organizations, municipalities, law enforcement groups and advocacy organizations all participated in its application process.

Not everyone supports the proposal, however. The B.C. Association of Chiefs of Police issued a statement backing the idea of decriminalizing small amounts of drugs for personal use, but criticizing the proposed limit of 4.5 grams as too high.

The organization wrote that allowing that amount of drugs could be exploited by "predatory drug traffickers" and lead to an "increase in public consumption."

Deputy Chief Fiona Wilson with the VPD told CTV News that 4.5 grams would be about 45 rocks of crack-cocaine.

"I've been on the job for 23 years. I've actually never come across a person who uses drugs, who is in possession of that kind of quantity of crack cocaine," Wilson said.

Conversely, the Pivot Legal Society slammed the proposal for not going far enough. The non-profit advocacy group said the cumulative threshold for possession would exclude thousands of opioid users in the province.

Garth Mullins, with the Vancouver Area Network of Drug Users said he was at the table when discussions were happening and the recommendation at that time was for a higher possession amount.

"Half of the people in VANDU, in the in the drug user union here, would still be criminalized should this go ahead," he said in an interview with CTV News.

Leslie McBain with Moms Stop the Harm, an advocacy group focused on supporting families who have lost children to overdoses, also questioned the decision to only decriminalize possession among users age 19 and over.

"There is no mention of youth," she told CTV News. "Youth who are found in possession of illicit substances can still be put into the criminal justice system, and that is not where they should be."

Provincial health officer Dr. Bonnie Henry, whose office released a report calling for decriminalization back in April 2019, applauded the government for taking a step towards destigmatizing drug users.

July marked the second highest month for deadly drug overdoses in B.C.'s history, with a staggering 184 lives lost – just two shy of the record set in June 2020.

The need to take action "has never been more urgent than now," Henry said.

"Together we can take this fear and shame away," she added. "We can help keep people alive, and when they're ready, connect them to the resources they need."

Mullins agreed, while stressing that the conversation around helping drug users is far from over.

"The fact that police chase us and arrest us is a big signal to everybody else in society about who to hate, who to ostracize," said Mullins. "So this change really liberates people. It's an invitation back into societies."

While decriminalization can disrupt the cycles that keep people using alone, some advocates argue what's really needed to save lives is a safe supply.