Inside B.C.’s decriminalization pilot as experienced by people who use drugs
On January 31, 2023, British Columbia was granted an exemption from Canada’s Controlled Drugs and Substances Act to implement a time-limited pilot project, in effect until January 31, 2026. The exemption allows people over the age of 18 to possess a total of 2.5 grams of certain specified unregulated drugs for personal use. The drugs included in this exemption are opioids (such as heroin, morphine and fentanyl), crack and powder cocaine, methamphetamine and MDMA.
The pilot exemption has been subject to strict rules and regulations since its inception. Notably, the places where possessing drugs is decriminalized have been modified several times over the course of the pilot, with each modification increasingly restrictive over time.
I joined a team at the Canadian Research Initiative in Substance Use Matters (CRISM) that was granted funding to do a comprehensive five-year evaluation of the decriminalization pilot. This project brings together a diverse group of stakeholders, including researchers, healthcare providers and people with lived and living experience, who collaboratively contribute to the design, implementation, analysis and dissemination of an annually repeated qualitative study examining the policy’s impacts on people who use drugs. Being part of this working group has given me valuable insight into what is happening with decriminalization in B.C., particularly from the perspectives of people who use drugs, and how that information can guide evidence-based decisions related to decriminalization.
Evaluation of the decriminalization pilot from the perspectives of people who use drugs
Our nationwide research team, led by the Ontario CRISM node, has published multiple articles examining the decriminalization pilot with key populations who are involved and impacted. These populations include people who use drugs, law enforcement officers, criminal justice representatives, harm reduction and opioid agonist treatment providers and the general public.
For this blog post, I’m going to focus on a new article published in the Harm Reduction Journal.
One of our main goals of this project and article was to explore changes in drug use experiences, including perceived or real overdose risk since decriminalization was implemented. During the first year of the policy, we interviewed 100 people who use drugs from across B.C. Participants also completed a survey assessing socio-demographics and substance use patterns. Through our qualitative analysis, we identified multiple themes. To help bring these findings to life, I will share one quote for each theme, which reflects what people who use drugs told us in their own words.
Awareness and knowledge of the decriminalization policy
Study participants were asked how aware they were of the decriminalization policy and how well they understood what it actually allows and does not allow. We found that while the vast majority knew that decriminalization had been implemented in B.C., many were unclear about the specific rules and limits of the policy.
“Nobody really knows what the law is, where it’s legal [to possess drugs], where it isn’t legal, how much [is legal]. They just don’t know… if there was more information out there, that would help.”
Policy perspectives: Highlighting the benefits and pitfalls of the decriminalization policy
After participants shared their understanding of decriminalization and how it affected their drug use and risk of overdose, they were asked to share their views on the policy and suggest ways it could be improved. Some participants felt the policy was meeting one of its main goals ─reducing criminalization. They described feeling less afraid of being stopped, searched or arrested by police for carrying small amounts of drugs:
“I don’t have to worry about getting busted and going to jail because I have some dope in my pocket to smoke. I just don’t have to be so conscious all the time about what I have on me.”
Policy impact on drug use
Most participants explained that the policy did not change how much or how often they used drugs. Their overall patterns of consumption stayed the same after the exemption started. However, some described strategically buying less than 2.5 grams at a time to reduce their risk of criminalization:
“Because I didn’t want to carry big amounts, I would only buy two grams at a time. Well, most of the time. Which can be a real hassle, because I’m always having to pick up all the time… I didn’t want to be charged [with drug possession] because I work full time and it’s not a job where I want to be caught with drugs.”
Overdose risk
Because the toxicity and volatility of the drug supply in B.C. is a major contributor to the overdose crisis, we examined shifts in participants’ perceptions of drug quality during the decriminalization exemption. Some participants suggested that people might be more comfortable purchasing and carrying drugs, increasing the number of low-level sellers who may lack experience processing drugs, ultimately increasing the risk for the person using drugs:
“Everybody and their dog thinks that they’re a dealer and they know how to cook [fentanyl]. So, there’s all these people thinking that they know how to mix, or have the right recipe for fentanyl. And I think that’s why I’ve overdosed so much. It’s because everybody tries to cook it a different way and there’s a lot more hot spots [pure fentanyl] in it.”
Refining the framework: Recommendations for improving the decriminalization policy
About one-third of participants felt that the 2.5 gram possession limit was too low and suggested that it should be increased. Proposed threshold limits varied, ranging from 3.5 grams to removing a possession cap altogether. Some participants highlighted the importance of policy makers listening to what people who use drugs are actually asking for and combining decriminalization with access to a regulated, safer supply:
“I feel like listening to the spirit of what we’re asking for might be helpful. Decriminalizing all drugs and making a regulated supply available would completely solve the problem rather than just taking a little chisel to it.”
These perspectives align with some of the findings from another article developed by our team.
A path forward for drug policy in Canada
It’s important to mention that this research was conducted before the B.C. government introduced changes that recriminalized drug use in public spaces.
I still struggle to understand why the government chose not to follow through and give this policy a genuine chance to work. Rolling it back so quickly undermined any progress that might have been achieved if there had been the confidence and commitment to fully implement what was promised.
I’m very proud of our research team and the work we did to evaluate this imperfect policy. I hope our findings can be used as an advocacy tool to inform future conversations about decriminalization in Canada and, potentially, in other countries. Our work has already gained recognition, with abstracts accepted and our work presented at several international conferences.
It often feels like this movement takes one step forward and three steps back, but giving up is not an option. People who use drugs have the right to life, liberty and security, just like everyone else. I hope that one day we can feel truly included in society and that our medical issues won’t be criminalized.
I love this country, but we need to do better for some of our most marginalized citizens who get criminalized for self-medicating their pain and trauma, or for seeking pleasure and happiness through substances. I’m someone who proudly uses drugs, but I’m sick of living in fear of arrest and prosecution.
Our findings underscore that decriminalization, when implemented in a limited or partial form, is unlikely to produce meaningful public health benefits on its own. Instead, policy changes must be accompanied by sustained investments in health and social services, clear and consistent communication, and the meaningful inclusion of people with lived and living experience in policy design and implementation.
I would like to thank Dr. Farihah Ali and Cayley Russell for their review of this blog post. The views and opinions expressed here are my own, and do not necessarily reflect the perspectives or positions of the research team or affiliated institutions.
Matthew Bonn is a board member with International Network on Health and Hepatitis in Substance Users, a drug culture advisor with Changemark Research & Evaluation and the social media editor for the International Journal of Drug Policy. He was previously the program manager with the Canadian Association of People Who Use Drugs. Matthew’s freelance writing has appeared in publications including The Conversation, Doctors Nova Scotia, Policy Options and The Coast. He was also on the 64th Canadian delegation to the Commission on Narcotic Drugs. He is a current drug user and a formerly incarcerated person.