Drugs Committee  hears Canadian province  reversed trial decriminalising public drug use just 15 months after introducing it

A Canadian province has reversed a trial project decriminalising the possession of drugs for personal use in public spaces just 15 months after introducing it, the Oireachtas Drugs Committee has been told.

Authorities in British Columbia, which has a similar population to Ireland, took the step because of “unaddressed and unintended impacts on community safety and well-being”.
Drug use at home remains decriminalised.

The Oireachtas Drugs Committee is considering the report of the Citizens’ Assembly on Drugs, which called for decriminalisation of the possession of all drugs for personal use.

Fiona Wilson, deputy chief constable at Vancouver Police Department and president of the British Columbia (BC) Association of Chiefs of Police, informed the committee that health authorities issued a ‘decriminalisation exemption’ in January 2023.

She said the three-year pilot allowed for the personal possession of 2.5 grams or less of a variety of illicit drugs, including opioids, cocaine, MDMA, and methamphetamines.

There were initially six exceptions where the exemption did not apply including schools and daycare.

“Decriminalization was initially supported by police in BC because we inherently agreed that criminalizing people for what had come to be understood as a health issue – not a criminal justice one – was not effective, helpful or compassionate,” Ms Wilson said.

She said the province was in the midst of a “toxic death” crisis, where more than 14,000 people have died from accidental overdose since April 2016, accounting for more deaths than homicides, suicides, accidents, and natural disease combined.

“We know from coroner data that people are dying from fentanyl, cocaine, and methamphetamine – in that order,” she said.

She said that while everyone may agree with a health-led approach there was “the potential for unintended and unforeseen consequences”.

She added: “If I have one warning about decriminalization it is this – the devil is in the details.” 

Ms Wilson said that while the vast majority of people who use drugs do not want to do so in a manner that negatively impacts others, there were several high-profile instances of problematic drug use at public locations including parks, beaches, and around public transit.

There were also concerns from small businesses about problematic drug use preventing access by customers.

She said moves by provincial government to enact legislation to largely prevent public use was blocked by a court injunction based, in part, on concerns it would impact the rights of drug users.

She added: “In the wake of the court decision, police strongly urged the province to have the exemption further limited after hearing continued concerns with public drug use, street disorder, and an inability for our officers to lawfully intervene when necessary.” 

“Less than 15 months after the exemption took effect, all personal drug possession in public spaces became prohibited again,” she said. 

“In short, decriminalization in BC was largely rolled back except in very limited circumstances.” 

Ms Wilson said the interests of wider society have to be taken into account: “While working towards better health outcomes for people who use drugs, there must also be consideration of the needs and well-being of the broader public.”

This article was edited on July 19 to make clear the reversal of the trial project applies to drug use in public areas only, and that drug use at home remains decriminalised in British Columbia.