Decriminalization in B.C.

Decriminalization is ending on January 31, 2026.
​​​​​​​​​​​​​​​​​​​​​​​On January 31, 2023, an exemption to the federal Controlled Drugs and Substances Act came into effect in British Columbia as a three-year pilot removing criminal penalties for the possession of small amounts of some illicit substances for personal ​use by people over 18 years old. The decriminalization exemption expires on January 31, 2026, and will not be renewed, making possession of any amount of illicit substances illegal and enforceable anywhere that does not have an exemption such as supervised consumption and drug checking sites. Consumption of drugs in overdose prevention sites is still permitted under a provincial Ministerial Order.

Following expiration of the exemption, people in possession of illicit substances may face police action including seizures of substances, arrests, charges, and convictions. However, people who call emergency health services to respond to a drug poisoning event are protected from charges of possession under a different policy; the Good Samaritan Drug Overdose Act. 

The distribution of harm reduction supplies is still permitted by health authority and non-health authority organizations.​

For more information about decriminalization in BC visit the Province of BC website Decriminalizing People who Use Drugs in BC.
Decriminalization and its impact

In BC, according to the most recent data (2024), illicit drug toxicity death is responsible for the second-highest number of years of potential life lost (only cancer is higher). Unregulated drug deaths were the fourth-highest cause of death in 2024, and the leading cause of death for people aged 19-59 years. Fentanyl and its analogues (similar substances) remain the main driver of illicit drug toxicity deaths. Since the declaration of a public health emergency in April 2016, BC has implemented or expanded a number of services as part of the response to the toxic drug supply, including the Take-Home Naloxone program​, Opioid Agonist Treatment (OAT), prescribed alternatives to toxic drugs, overdose prevention and supervised consumption services, and broader treatment and recovery supports; more information can be found on Toward the Heart and in the Adult Substance Use System of Care Framework.

The purpose of the decriminalization pilot was to reduce the stigma associated with seeking care for substance use and to support people to access important health and social services by treating substance use as a health matter and not a criminal justice issue. 

Information about mental health and substance use services can be found at: 
​​Several evaluations to understand the impacts of decriminalization are underway. Findings to date have identified the following key results: 
  • Prior to decriminalization, possession offences gradually decreased from 2019 to 2022. Once decriminalization was implemented, possession offences decreased sharply, and have increased since the revised exemption came into effect. According to the Decriminalization Data Report to Health Canada from August 2025​, there was an average of:
    • 509 possession offences per month in the year before decriminalization (Feb 2022 – Jan 2023)
    • 165 per month during the original exemption (Feb 2023 – Apr 2024)
    • 403 offences per month in the first year of the new exemption (May 2024 – Apr 2025).
      • Since the new exemption came into effect on May 7, 2024, the average number of monthly possession offences has increased to approximately 79% of the pre-exemption level (2022). ​
  • ​​Possession seizures under 2.5g of exempted drugs also decreased gradually from 2019 to 2022, decreased sharply once decriminalization came into effect, and increased with the revised exemption. According to the Decriminalization Data Report to Health Canada from August 2025, there was an average of:
    • 135 possession offences <2.5g per month in the year before decriminalization (Feb 2022 – Jan 2023)
    • 7 per month during the original exemption (Feb 2023 – Apr 2024)
    • 50 per month in the first year of the new exemption (May 2024 – Apr 2025). 
      • Since the new exemption came into effect on May 7, 2024, the average monthly possession seizures below 2.5g have increased to 37% of the pre-exemption level (2022).
  • ​​In the first 11 months of decriminalization, there was no statistically significant change in the rate of unregulated drug deaths or paramedic-attended opioid overdoses, according to a study published in the journal Drug and Alcohol Review in 2025. 
  • There is no systematically collected evidence about whether public substance use has increased or decreased since the implementation of decriminalization. 
  • Since the initial decriminalization exemption, visits to overdose prevention and supervised consumption sites have continued to increase while the number of OAT clients is declining since peaking in 2023 according to the August 2025 Decriminalization Data Report to Health Canada. Demand for Take Home Naloxone and drug checking services varies due to seasonal and operational considerations.
BCCDC reports on evidence related to decriminalization can be found at: Harm Reduction Client Survey Annual Reports and Findings

The BCCDC will continue to work with the Ministry of Health to monitor and evaluate the decriminalization pilot. 

BC’s Ministry of Health monitoring can be found at: Decriminalizing People Who Use Drugs in BC 

Additional Studies
Current legal protections

Several legal protections to support treating substance use as a health issue, rather than a criminal justice one, remain in place despite the end of decriminalization. Providing accurate information to people at risk of criminalization can help them make informed decisions and may help them be more comfortable accessing emergency services and disclosing substance use in health care settings. 

What should I tell harm reduction clients about the status of decriminalization in BC?

​Until January 31, 2026, individuals over 18 years of age are allowed to possess 2.5g or less of opioids, crack/cocaine, methamphetamine, and MDMA (ecstasy) combined in private residences, places that they are legally sheltering, at overdose prevention and drug checking sites, and at places that provide out-patient addictions services. 

This exemption expires on January 31, 2026. As of February 1, possession of illicit substances anywhere that it is not specifically allowed (e.g. supervised consumption and drug checking services) will be illegal. ​

Can police officers arrest people for simple possession?

​As of February 1, 2026, possession of any amount of any controlled substances anywhere it is not specifically allowed will be illegal. People may face arrests, charges, seizures, and convictions for possession.

Changes made to the Controlled Drugs and Substances Act in 2022 encourage law enforcement to address substance use primarily as a health and social issue and to align their interventions related to substance use with evidence-based best practices supporting the health, dignity and human rights of people who use drugs. The Act further notes that judicial approaches are best utilized in relation to offences posing a risk to public safety. 

Law enforcement officials are encouraged to consider providing a warning, or a referral to services in cases where public safety is not at risk rather than using the tools of arrest, charges, and convictions. The approach utilized is at their discretion.  ​

Can police seize substances? What are the risks around seizures?

​As of February 1, 2026, police may seize controlled substances when people are found to be in possession of any amount of illicit substances anywhere it is not specifically allowed (e.g. supervised consumption and drug checking services). 

Since the May 2024 decriminalization exemption change, the average number of seizures of amounts less than 2.5g have per month have increased to 37% of pre-decriminalization numbers. 

According to the Decriminalization​ Data Report to Health Canada from August 2025, some evidence suggests that street-level seizures are associated with increased drug poisoning risk, and can put people who use drugs into unsafe situations to replace their supply. ​

Will people who call 9-1-1 for support in the event of a drug poisoning be penalized for possession?

​The Good Samaritan Drug Overdose​ Act provides legal protections to anybody at the scene of a drug poisoning (overdose) event from arrests and charges for possession of controlled substances for personal use. It also protects individuals from breach of probation or parole relating to possession for personal use. The Act is intended to support an environment where people who use drugs are comfortable and encouraged to call for emergency supports. 

While the Act protects people – including youth - from charges related to simple possession of controlled substances, youth may still be subject to a fine for possession of alcohol as alcohol is not included in the Controlled Drugs and Substances Act. 

What safer spaces are available for clients to use drugs without facing criminalization or risk of drug poisoning?

​Overdose prevention and supervised consumption sites provide witnessed consumption services, however they are not available in all communities or at all times of the day. 

Using with a trusted friend who is equipped with naloxone and trained in its use is another useful harm reduction approach. When a phone is available,  virtual overdose prevention services like Lifeguard or the National Overdose Response Service​ can also support connection with life saving services. 

Are existing supervised consumption sites, overdose prevention services, and/or drug checking sites changing due to the end of decriminalization?

​No. Policies supporting these services are separate from the decriminalization exemption. These services were in place before the decriminalization pilot and their legal status has not changed with the end of the exemption. ​

Is distribution of harm reduction supplies like syringes and pipes changing due to the end of decriminalization?

​No. Harm reduction supply distribution, including distribution by health authority and non-health authority organizations, is separate from decriminalization and has not changed with the end of the exemption. ​
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Will the end of the decriminalization exemption change how substance use is treated in hospitals?

​No. Possession of illicit substances was already illegal in hospitals and remains illegal. 
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Supporting Health

Substance use occurs along a continuum from helpful to harmful, and what is observed in public spaces is only one aspect of substance use in a community. A holistic response should therefore focus on the entire spectrum of substance use, including promotion of physical, social, and emotional well-being of all community members. Action on the social determinants of health is essential as a complement to programs that focus specifically on prevention and treatment of mental health and substance use concerns.

Communities can take a health-promoting approach to substance use

A range of strategies, programs and partnerships are needed to take a health- and equity- promoting approach to addressing concerns about public substance use in communities across B.C. Through support and connection with people who use drugs, many community concerns about substance use can begin to be addressed. For example:   

Build relationships with key community partners to address substance use in health promoting ways  

Local governments, health authorities, and other partners can continue to build their relationships with each other on these topics. Within the health authorities there are a number of staff positions that can help, including regional harm reduction coordinators, decriminalization leads, and Medical Health Officers. 

Community organizations serving people who use substances are also important resources. Communities that have been hardest hit by the overdose crisis may also have Community Actions Teams that bring together partners to provide focused, action-oriented strategies to address the overdose crisis at the local level. The Community Action Initiative shares information and lessons from these teams.

Engage with people with lived and living experience of substance use  

Communities can create healthier and safer environments for everyone by engaging people with lived and living experience of substance use at all stages of planning. 

Drug user groups are an important resource as they carry practical knowledge and resources to support people who use substances, and work to improve the relationships between people who use substances and their communities.

Support initiatives for affordable, accessible, and low barrier housing   

People without homes or who are precariously housed are more likely to use substances in public. Housing is more than an alternative to public substance use – it improves people’s health and allows them to make healthier choices. As well, offering substance use and harm reduction services within supportive housing protects people who use substances while addressing concerns from other community members. It is important that housing be inclusive of youth and pregnant and parenting people. Connect with BC Housing for more information.

Support implementation of Overdose Prevention Services

Overdose prevention services are evidence-based health care services that decrease the risk of fatal overdose and connect people who use drugs to social and medical supports. Local governments can help reduce public use of drugs and encourage safer use by working with health authorities and community organizations to implement of overdose prevention services (e.g., by identifying facilities, supporting zoning changes or exemptions as necessary, and conducting outreach to increase stakeholder support).

Support access to safer alternatives to the toxic drug supply

The high risk of drug toxicity and fatal overdose is not present with legal substances (alcohol, tobacco, cannabis) because they come from a regulated and predictable supply and are much less likely to lead to poisoning and death. The toxic and unpredictable nature of the illegal drug supply is a main reason why a different approach to legal versus decriminalized substances is needed at this time.

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