BC Exempts Small Amounts of Illicit Drug Possession From Criminal Charges for 3 Years Amid Overdose Crisis

BC Exempts Small Amounts of Illicit Drug Possession From Criminal Charges for 3 Years Amid Overdose Crisis
Federal Minister of Mental Health and Addictions and Associate Minister of Health Carolyn Bennett speaks during a news conference after British Columbia was granted an exemption to decriminalize possession of some illegal drugs for personal use, in Vancouver, on May 31, 2022. Darryl Dyck/The Canadian Press
Andrew Chen
Updated:

British Columbians will not be arrested or charged for possession of small amounts of illicit drugs for personal use for three years after getting approval from the federal government. The changes are implemented as part of an initiative the B.C. government says is meant to address the overdose crisis in the province.

In November 2021, the province submitted to the federal government an exemption request to subsection 56(1) of the Controlled Drugs and Substances Act to halt criminal charges against adults in the province in possession of small amounts of illicit drugs for personal use.
The exemption will be effective between Jan. 31, 2023, and Jan. 31, 2026, and applies to all B.C. residents aged 18 and older who are in possession of up to 2.5 grams of certain illegal drugs, including opioids (heroin, morphine, and fentanyl included), cocaine, methamphetamine, and MDMA, the B.C. government said in a statement released on May 31.

Carolyn Bennett, the federal minister of mental health and addictions, said the in a statement that exemption is not “legalization” of the drugs.

People found in possession of illicit drugs under the 2.5-gram threshold will not have the drugs seized. Instead, the police will only “provide information on local health and social services and voluntary referrals to those services,” the statement reads.

The exemption applies to the majority of locations in the province, with exceptions for airports, elementary and secondary school premises, premises of licensed child care facilities, and on Canadian Coast Guard helicopters and vessels. This means anyone found in possession of any amount of illicit drugs in these locations will still face criminal charges.

Underage youth in B.C. are not covered by the exemption, and those between the ages of 12 and 17 will be subjected to the Youth Criminal Justice Act if found in possession of illicit drugs.

The exemption makes B.C. the first jurisdiction in North America to lift prohibitions on the possession of small amounts of so-called hard drugs. While the U.S. state of Oregon decriminalized such possession, the drugs found are still seized and those in possession face a US$100 fine.

The Canadian Press contributed to this article.