By Ashley Shapiro and Monica Shannon
Decriminalization of drugs in British Columbia has been a contentious issue marked by significant shifts and recent legislative changes.
As it existed from January 2023 until May 7, 2024, “decrim” allowed individuals to possess small amounts of drugs without facing criminal charges. Under these laws, possession of under 2.5 grams typically did not result in arrest or prosecution, emphasizing a public health approach to the toxic drug crisis that is killing seven people a day in BC. However, recent shifts in policy ended these protections, leading to renewed mistreatment of drug users and a return to reactionary criminal responses over public health measures.
The legal framework governing drug possession in Canada, under the Controlled Drugs and Substances Act, outlines what quantities are permissible and what constitutes illegal possession. Exemptions to sections of this Act were granted to specific entities like Insight, overdose prevention sites, and Compassion Clubs under pilot projects aimed at exploring alternative approaches to drug regulation.
Decrim measurably saved lives during the “worst time to be a drug user.” But that came to an end on May 7, putting a vulnerable community at risk and exacerbating social inequalities.
Recent amendments spearheaded by Minister of Mental Health and Addictions Ya’ara Saks, Liberal MP for York Centre in Toronto, have significantly altered these provisions. The amendment specifically targeted the three-year decriminalization pilot project in BC, removing exemptions that previously shielded individuals from criminal charges for possession under specified amounts.
The shift away from drug decriminalization in BC was sparked by legal challenges and legislative actions targeting the marginalized substance user populations in BC and in the Lower Mainland in particular. Bill 34 – Restricting Public Consumption of Illegal Substances Act faced staunch opposition from advocacy groups like Pivot Legal Society, who argued for the protection of drug users’ rights and public health. Their efforts led to a significant victory when the BC Supreme Court issued an injunction in December 2024, suspending the bill’s implementation to prevent harm from abrupt policy changes.
In response, the BC NDP government, under the leadership of David Eby, continued to pursue legislative amendments targeting the drug user community. Eby’s role in ending drug decriminalization in BC has been contentious, with critics accusing him and the BC NDP government of using fear tactics and political maneuvering to garner votes. The decision to amend decriminalization measures, despite opposition from advocacy groups and health professionals, has been seen as prioritizing a tough-on-crime approach over evidence-based harm reduction strategies.
By falsely framing the issue in terms of public safety and law enforcement needs, Eby’s actions have been criticized for disregarding the voices of marginalized communities and exacerbating social inequalities. The move away from decrim is a step backward, reinforcing stigmas against drug users and failing to address the root socio-economic factors driving substance use and the toxic drug crisis. Critics argue that Eby’s policies reflect a broader pattern of exploiting public fears for political gain, rather than implementing scientific and effective public health policies.
Decriminalization of drug possession and use in BC saw a significant shift culminating in its cessation on May 7. This policy change marked a departure from previous practices where individuals could publicly use and possess small quantities of drugs without fear of legal repercussions.
As Minister of Mental Health and Addictions, Saks played a pivotal role in announcing the amendment that effectively ended the decriminalization pilot project in BC. Her announcement cited the BC NDP’s constructed fear-mongering narrative of an immediate need for law enforcement tools to enhance public safety and address concerns surrounding drug use in public spaces.
The decision to destroy decrim drew immediate criticism from drug user organizations, health agencies and advocates who argued that the move was made without adequate consultation with affected communities. The abrupt policy change has raised concerns about its impact on marginalized groups and the effectiveness of criminalizing rather than treating the root causes of substance use issues and the toxic drug crisis.
Vancouver Area Network of Drug Users (VANDU) is a member-run group which plays a central role advocating for the rights and dignity of drug users. Founded on principles of harm reduction and community empowerment, VANDU has historically been involved in policy advocacy and outreach efforts to support marginalized communities affected by drug policies. In response to the recriminalization of drug use, VANDU held a public meeting on “The End of Decrim” at their offices on Vancouver’s Downtown Eastside (DTES) on May 11.
The community response to the end of drug decrim in BC has been marked by outcry and fear among affected individuals and advocacy groups. According to members of the DTES drug-user community, “It is more dangerous than ever to be a drug user outdoors,” reflecting fears about increased police scrutiny and the impact on public safety while, “substances are more dangerous to use than they ever have been.” Criticism has been directed at the government’s decision-making process, with one community member stating, “They want us out of our community,” citing efforts to gentrify, marginalize and push out vulnerable populations on the DTES. Organizations like Pivot and VANDU have condemned the amendments, arguing that they will disproportionately harm marginalized communities and exacerbate health disparities.
The shift away from drug decriminalization in BC represents a significant setback for harm reduction efforts. The community response has been one of dismay and resistance, with concerns raised about the increased risks faced by drug users, the potential for heightened marginalization, and an increase in overdose deaths. Organizations like VANDU have been at the forefront, advocating for policies that prioritize public health measures.
The BC NDP’s actions reflect a broader pattern of using fear and political maneuvering to advance tough-on-crime agendas, rather than addressing the complex socio-economic factors driving the drug crisis.
As one member of the drug-user community stated, “There are two elections coming up, provincial and federal, and they are jockeying for votes, with voters coming for our blood.” They continued that this summer will be, “the summer of hate targeting our most vulnerable community members.”
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