The 2021 elections and the decriminalization of psychedelics in Canada

Decriminalizing psychedelics in Canada is arguably the next logical step after legalizing cannabis. However, drug reform was not a major highlight of the recent Canadian elections. To be fair, it almost never is. Still, it continues to be disappointing to see major political parties once again ignoring the popularity and potential of psychedelics.

Many want to see the decriminalization of psychedelics in Canada. Nevertheless, the political parties missed the chance to win new voters. Or at least stimulate the imagination of tired voters who are used to politicians taking the same painfully slow baby steps over and over again.

In Canada, the Controlled Drugs and Substances Act (CDSA) continues to stigmatize psychedelics as controlled substances. They are subdivided into “schemes” that determine their so-called severity based on the potential for abuse. The more “dangerous” a psychedelic is, the harsher the penalties for violating it, including simply possessing it for personal use.

Current drug planning

This is how the CDSA categorizes psychedelics:

Violations according to Appendix 1 can now lead to life imprisonment. List 2 does not list psychedelics, although it is noteworthy that cannabis was once a List 2 drug until Bill C-45, the Cannabis Act, went into effect.

Interestingly, the CDSA allows exceptions to these rules. Section 56 of the Act states that controlled substances may be used upon application to the Minister of Health if they are deemed necessary for medical or scientific purposes. Canada has reportedly been increasingly agreeing to such requests. Health Minister Patty Hajdu allowed a few people and health professionals to legally use the drug.

More progressive than our neighbors?

It is arguably a more nuanced legal view of psychedelics compared to criminal law in countries like the United States. The US classifies psychedelics like LSD and magic mushrooms as Schedule 1 drugs. But is it really that nuanced when contrasted with reality? Do we all have to send a letter to Minister Patty Hajdu every time we want to legally consume magic mushrooms? For example, consider MDMA / ecstasy and its classification as a List 1 substance. MDMA is not only a very popular substance, it also has immense medical potential.

MDMA can catalyze therapeutic processing by allowing patients to remain emotionally engaged while repeating traumatic experiences without becoming overwhelmed.

Michael C. Mithöfer

The biggest flaw with this type of system is that it inadvertently leads to gatekeeping. The legal use of these substances is exclusively attributed to the private sector and science at the discretion of the government. Meanwhile, ordinary Canadians, many of whom are motivated by the same curiosity about the potential of psychedelics cited by these companies and academics, remain at risk of criminal prosecution. The benefits of these substances should not be given to a few elites in the hope that they will seep through to the rest of us.

What have different political parties said about the inadequacies of this policy? The government has already earned a fair share of the pluses from legalizing cannabis. The fact is, softening the drug war doesn’t mean the war no longer exists. Now that the elections are over, we can expect politicians to barely mention psychedelics and decriminalization for the next four to five years. But when that time comes, we can hold onto this:

liberal

The good news is that Liberal MPs are overwhelmingly in favor of decriminalizing personal drug use and possession. The bad news is that the party leadership disagrees. Why? In 2018, then Health Secretary Ginette Petitpas Taylor said that “decriminalization would not ensure quality control of drugs and there was still a risk of contamination on the streets.” Whether this reasoning makes sense is up to you. Justin Trudeau has softened his previous opposition to decriminalization in the run-up to the recent elections. As with many of his promises, however, it seems little more than lip service.

We have seen a number of provinces, British Columbia in particular, have been keen to promote some forms of decriminalization and we are absolutely open to working with them.

Justin Trudeau

Progressive Conservatives

As the name suggests, the progressive conservatives seem to be moving towards more progressive ideas about drugs. Party leader Erin O’Toole even managed to meet the bare minimum of harm reduction principles by saying he would allow safe injection sites. As the name suggests, however, the party remains conservative when it comes to other aspects of drug reform. The distinctive feature of conservatives is that they attract criticism for promoting abstinence and fear-based drug policies.

Criminal justice should not focus on addicts. People who deal with and exploit addicts should be the focus.

Erin O’Toole

Proponents of decriminalization

As for the current state of decriminalization of psychedelics in Canada, the NDP and the Green Party have committed to decriminalization. Both parties have written this attitude in their platforms. CBC also reports that the Quebecois bloc is on board in decriminalization, although the issue does not appear to be part of the official party platform.

Canada has built a reputation as a progressive drug country since Bill C-45. The reality, however, is that it lags behind many jurisdictions with full decriminalization like Portugal and Uruguay, revealing the fact that Canada is still embroiled in an ongoing war on drugs that it should never have started.

Canada can play a role in the psychedelic renaissance by further liberalizing its drug policies. The only question left is whether the government has what it takes to pull this off. Hopefully Canadians will continue to use their votes to push for broader drug reform platforms in the next election.

What do you hope for the future of drug reform in the country? Let us know your thoughts in the comments below and don’t forget to follow CLN.