The British Columbia government is asking Health Canada to "urgently change" the decriminalization policy to stop drug use in public. B.C. Premier David Eby listens during an announcement in a greenhouse in Delta, B.C., on Monday, March 18, 2024. THE CANADIAN PRESS/Darryl Dyck


29 April 2024

British Columbia is taking steps to prohibit most public drug use, a departure from parts of its decriminalization pilot project that Premier David Eby believes should have been established from the start.

The province has urgently requested amendments to its exemption under the Controlled Drugs and Substances Act from Health Canada. These amendments would grant police the authority to intervene when they witness illicit drug use in public areas, including hospitals, transit, and parks.

Premier David Eby addressed the issue during a news conference, acknowledging the need for police intervention in exceptional circumstances where drug use poses a threat to public safety. He reflected on the initial focus of decriminalization, which aimed to eliminate stigma and encourage individuals to seek help.

Eby admitted that, in hindsight, granting police these authorities from the outset would have been beneficial. However, he emphasized that the objectives of reducing stigma and facilitating access to assistance remain central to the government's policy.

The decriminalization initiative, introduced as a three-year pilot project on January 31, 2023, provides exemptions for individuals possessing small quantities of opioids, cocaine, methamphetamine, and MDMA. However, it does not extend to public spaces where someone is legally residing, overdose prevention sites, or locations with drug-checking services.

The decision to revise the decriminalization approach follows criticism from various quarters, including politicians, health professionals, and law enforcement, regarding the policies surrounding open drug use in public places.

British Columbia had previously attempted to outlaw drug use in public spaces through its own legislation. However, this legislation was challenged in court by the Harm Reduction Nurses Association, resulting in Chief Justice Christopher Hinkson's ruling that enacting the laws would cause irreparable harm.

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