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Published: May 31, 2022
A exemption has been granted to the province of British Columbia allowing it to decriminalize the possession of small amounts of drugs for personal possession.
The province officially submitted its application for a federal exemption from the Canadian Ministry of Health in November 2021, with the ultimate goal of "removing the stigma that people feel and often prevents them from seeking life-saving help."
The exemption applies to all adults over 18 years old within British Columbia. This law legalizes only personal possession, which is possession of a certain amount up to 2.5 grams of opioids, cocaine, methamphetamine, and MDMA.
The exemption period begins on January 31, 2023, and is scheduled to be effective for three years ending on January 31, 2026. The Canadian Ministry of Health indicates that the exemption may be revoked or replaced by another. During this period, there will be no arrests or charges against people found to have 2.5 grams or less of the substances mentioned above for personal use. Drugs will also not be seized.
The start date has been set for the next year to give the territory time to implement.
British Columbia is now considered the first province to receive an exemption from the Canadian Ministry of Health to decriminalize possession of small amounts of drugs for personal use.
The Canadian Ministry of Health stated that the exemptions will not apply to adults while in school buildings, licensed child care facilities buildings, airports, or on Coast Guard ships and aircraft. Members of the Canadian Armed Forces are also subject to the Service Discipline Act regarding drug possession.
The Canadian Ministry of Health indicates that the exemption does not apply "in a personal vehicle or watercraft operated by a minor, whether the vehicle or watercraft is in motion or not."
Possession of opioids, cocaine, methamphetamine, and MDMA exceeding 2.5 grams remains prohibited, as well as possession of controlled substances listed in Schedule I, II, or III of the Controlled Drugs and Substances Act in any quantity.
Possession and production of drugs listed in the exemption, as well as other controlled substances, for trafficking, import, and export purposes, also remain prohibited regardless of the quantity.
Even during the exemption period, opioids, cocaine, methamphetamine, and MDMA may not be transported between provinces, territories, or international borders.
Some human rights advocates have warned that taking up to 2.5 grams has adverse effects and may be dangerous for drug users.
British Columbia had previously declared a public health emergency in April 2016 due to a record number of opioid-related deaths. Since then, more than 9,500 people have died, and experts warn that drug toxicity has worsened over the years.
In its latest budget, the federal government allocated 100 million dollars to Health Canada's program over three years to address the opioid crisis. The government provided 116 million dollars in 2021, yet deaths from illicit drug poisoning continue to break records.
If you plan to use it, it is recommended not to do so alone. The province advises people to download the free Lifeguard app, or visit a supervised consumption site or overdose prevention site to test drugs for free to reduce harm.
Editing: Dima Abu Khair
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