Am I allowed to have drugs on me in BC?

Written By South Asian Legal Clinic of British Columbia

Adults (18 years and over) in BC will not be subject to criminal charges for the possession of 2.5 grams of certain illegal drugs for personal use. This is not LEGALIZATION, it is only an exemption from being subjected to criminal charges.

Personal use means there must not be intent to traffic, export or use in the production of another drug.

Why?

BC has been impacted by an overdose crisis since 2016. This decriminalization is a part of BC’s public health response to reduce stigma and increase access to health and social services for those who use drugs so that lives can be saved.

When?

The exemption is in effect from January 31, 2023 to January 31, 2026.

Who?

The exemption only applies to adults 18 years and older in BC. Youth are NOT EXEMPTED.

Where?

The exemption only applies in BC. Possession of these drugs is still illegal in the rest of Canada. The exemption does not apply on K-12 school premises; childcare facilities; airports; in a motor vehicle or watercraft operated by a minor.

What drugs? How much?

Exempt drugs (Any combination totalling 2.5g):

  • Opioids (including heroin, morphine and fentanyl)

  • Cocaine (including crack and powder cocaine)

  • Methamphetamine (Meth)

  • MDMA (Ecstasy)

You cannot possess more than 2.5g of the exempt drugs. All amounts of other drugs are still illegal.

Still Remains Criminal

  • Import/export of the exempt drugs

  • Production of the exempt drugs

  • Trafficking of the exempt drugs, which includes giving away, supplying, selling, administering, transporting, sending or delivering

What happens if an adult found with these exempt drugs?

  • Drugs will not be seized

  • No criminal charges

  • Law enforcement will provide information on local health and social services

If you are a BC resident and have any questions or require legal advice, please email criminallawyer@salcbc.org

Writer: Raman Kandola, Criminal Lawyer at SALCBC

Reference: https://www.canada.ca/en/health-canada/services/health-concerns/controlled-substances-precursor-chemicals/policy-regulations/policy-documents/exemption-personal-possession-small-amounts-certain-illegal-drugs-british-columbia.html

South Asian Legal Clinic of British Columbia https://www.salcbc.org/
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