British Columbia’s drug decriminalization isn’t enough, experts say it’s safe supply that will save lives

Decriminalization is not legalization – but it is a start. British Columbia will be the first province in Canada to decriminalize possession of small amounts of illegal drugs.

British Columbia has been granted an exemption under the Controlled Drugs and Substances Act. Beginning in January 2023, the federal exemption will eliminate criminal penalties statewide for persons in possession of certain illegal substances.

Persons over 18 in BC can carry up to 2.5 grams of opioids, cocaine, methamphetamine or MDMA for personal use without risking arrest, indictment or drug seizures.

That’s a lower threshold than the 4.5 grams the province suggested when it applied to the CDSA for a Section 56 exemption last November, which Health Canada lowered. The exemption does not apply to school campuses, child care facilities, airports or military personnel.

A good first step or too little, too late?

Some people, including Vancouver Mayor Kennedy Stewart, have commended the federal and provincial governments for what has been interpreted as a sign that they are no longer treating drug use as a criminal problem, but rather treating it more closely as a mental health problem. The mayor called it “a historic, courageous, and groundbreaking step in the fight to save lives.”

But many others, including drug user organizations, attorneys, researchers and even BC Chief Medical Officer Lisa Lapointe, argue the measure doesn’t go far enough to address the province’s toxic drug supply problem, which began with fentanyl a decade ago and now includes other drugs such as benzodiazepines.

When mixed with fentanyl, benzos are particularly dangerous because they are unresponsive to naloxone, a drug used to reverse the effects of opioids during an overdose.

“We see hundreds of our friends and neighbors dying as a result of the drug crisis month after month, year after year, and we just couldn’t get a handle on it,” Lapointe told CBC in a recent interview with The Now.

“We almost never see a death consisting of only one substance. They’re all mixed drug overdoses and very often people don’t know what they’re taking.”

Lisa Lapointe, BC’s Chief Medical Examiner

By the time the exemption goes into effect in January, it will be almost seven years since then BC Provincial Health Commissioner Dr. Perry Kendall, has declared a public health emergency due to a significant increase in drug overdose deaths.

Since then, toxic overdoses have become the leading cause of unnatural deaths in the province, claiming the lives of more than 9,500 people – between five and seven people a day. Overdose is currently the leading cause of death in BC for men between the ages of 30 and 49.

Secure care is more effective than decriminalization

In reviewing the province’s request, the federal government paid close attention to what law enforcement had to say and lowered the possession threshold by two grams, based on police feedback.

But advocates say the voices of drug users should carry more weight than those of the police.

“Drug users are the people we need to listen to, and they know best what they need and what could make some changes for them during the crisis,” Sarah Blythe, executive director of the Overdose Prevention Society (OPS), told Leafly.

Operating two locations on Vancouver’s Downtown Eastside, OPS provides a clean environment for the consumption of drugs and harm reduction supplies for up to 700 people per day.

While she says it’s good to see different levels of government working together to try to tackle the problem, Blythe agrees with drug user organizations and advocates who have urged her to introduce more robust measures.

“[This exemption] is not the thing that will save lives,” says Blythe. “I’ve always believed that security of supply should be a priority.”

Blythe hoped the federal government would pass a bill that went a few steps further. Bill C-216, a private members’ bill by Courtenay-Alberni MP Gord Johns, proposed decriminalizing personal property, erasing criminal records and providing secure supplies. The bill was rejected by the federal government on June 1.

“I feel like we have to make big leaps to save lives and it feels like we’re making slow progress,” Blythe said.

Tweets: Reactions from supporters

We would never allow thousands of people to die from one sip of alcohol, so why are we allowing thousands to die from one shot of illegal drugs?

— Guyfelicella (@guyfelicella) May 30, 2022

Watch as @Carolyn_Bennett gives her update on drug possession for BC and the thresholds. 2.5 grams is wrong. That’s way too low. Why wait until January 2023?!? Why not immediately. This is also not what those seated at the tables asked for.

— Zoë Dodd (@ZoeDodd) May 31, 2022

Get your little scale out of British Columbia

The measure is not bad: although the threshold of 2.5 grams is low. Blythe said she sees people having their drugs taken away and the exemption could help ease some of the pressure on drug users.

At the same time, the news of the plan to decriminalize small quantities of drugs has caused some confusion among people on the front lines: “A lot of people assumed that it was over and that you can now walk around freely with 2.5 grams,” she said noted that it was not clear why the derogation could not be implemented immediately.

While proponents debate how the exemption is insufficient to effectively reduce harm to drug users, police argue it will be a challenge to enforce it.

“Do the police have to carry around small scales to determine where the shutdown is? And is it 2.6 or 2.7 grams?” Chief Donovan Fisher of the Nelson Police Department told a Castlegar News reporter.

“Will the policy be attachable and attachable, or does it have discretion built in? … It’s not entirely clear what action the police should take if they get into the situation.”

While BC will be the first province in Canada to decriminalize small amounts of drugs, it is not the first jurisdiction in North America to do so. In 2020, Oregon became the first US state to eliminate criminal penalties for possession of certain drugs.

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