BC decriminalized drugs. How’s it been going?

CLIP You’re listening to a frequency podcast network production in association with City News.

Jordan Heath-Rawlings It is an ambitious program. It’s an attempt to tackle an ever-growing overdose crisis and destigmatize drug users who too often face harsh penalties for simple possession. A Canadian first starting in BC.

CLIP Ottawa is decriminalizing small amounts of drugs, including opioids, methamphetamines, cocaine, and M D M A, starting the end of January when the federal government granted British Columbia’s request for this pilot program.

Jordan Heath-Rawlings However, they put strict limits on the amount of drugs a person can carry before being charged. But even with those limits, decriminalizing drugs makes headlines. So the project was hotly debated. And eventually led to some wild speculation in a non-descript looking industrial party in Langley, you’re looking at what’s intended to be British Columbia’s first legal cocaine lab. As you’ll learn in a minute, that story is not exactly true, though it’s not entirely false either. The point is, There is such a stigma attached to drugs like heroin, cocaine, and especially opioids. That’s simply opening the door for any sort of decriminalization is polarizing. But listen, people can argue policy all they want. The real test is will it help? How could this plan impact the worsening crisis? And what do we know about this approach from its use in other countries? And how soon might we know if it’s making a difference here? I am Jordan Heath-Rawlings. This is the big story. Dr. Lindsay Richardson is an associate professor in sociology at the University of British Columbia. She holds the Canada Research Chair in social inclusion and health equity. Part of her research focuses on outcomes for people who use illicit drugs. Hello, Dr. Richard.

Dr. Lindsay Richardson Hello.

Jordan Heath-Rawlings Thanks for joining us today. It’s a real pleasure to be with you. I know we’re gonna get into exactly what BC’s new exclusion laws permit and don’t permit, but first I have to ask, because I think I saw this headline, a lot of people saw this headline. What was up with this BC company that claimed it had secured a license to make and sell cocaine?

Dr. Lindsay Richardson Well, the story was that this company received an exemption through Health Canada. To produce small amounts of cocaine for clinical or research purposes. And you know, this happens actually for all kinds of substances, not just cocaine. And it’s how the production of controlled substances is allowed for research or clinical purposes.

Jordan Heath-Rawlings Mm-hmm.

Dr. Lindsay Richardson And I think the broader story was there was a perception that this would be sort of a commercial production and distribution and you know, the hysteria that resulted from that misperception. Really reflects how far we still have to go to have this reason conversation about how we view and approach drugs and substance use in society. You know, this is a mechanism that has existed for a very long time to allow the production and use of these substances for clinical and research purposes. Well, and if it is happening, you know, regularly, because we do need to do research into these chemicals.

Jordan Heath-Rawlings How much of the, quote unquote, I guess, uh, outrage over that misunderstanding of the story had to do with the fact that at roughly the same time, British Columbia was beginning its journey on a new exemption and a new approach to drugs by the province.

Dr. Lindsay Richardson I mean, I think that’s a really good question because we’re in uncharted territory right now, and so I think people have a lot of concern or apprehension about what that will mean or how it will. And it’s really important not to conflate existing mechanisms for the production of these substances and their use in research and clinical application and what’s happening in the broader population right now with the decriminalization pilot.

Jordan Heath-Rawlings Can you bring us up to speed for those of us who haven’t followed the news since this, I guess, exemption was requested and then granted and changed a little bit. What is this decriminalization pilot? How did it come?

Dr. Lindsay Richardson So the province of British Columbia through a different exemption from Health Canada, received approval for a three year pilot to decriminalize the possession of of certain drugs. And so under this new system, British Colombians who are 18 and older can possess up to 2.5 grams total of opioids. So things like heroin or fentanyl, cocaine. Methamphetamine or M D M A or ecstasy. And so instead of facing criminal charges, people will be provided with information on local health and social services. And so this pilot came into force on January 31st. It’ll be in effect for three years. And the provincial exemption is a real change and hopefully marks a movement towards an evidence-based approach to drug policy. The province’s application was submitted two years ago, so this has been in process for a long time. It followed similar applications from the cities of Toronto and Vancouver, and so the applications from Toronto and Vancouver haven’t been approved. And after BC received its approval, uh, Vancouver withdrew its application to Health Canada. And it’s really recognized that this is one component of a broader approach that is really needed to address drug related harm.

Jordan Heath-Rawlings What is the intent here? What is this kind of decriminalization hoping to accomplish?

Dr. Lindsay Richardson Well, we know that criminalizing people who use drugs has significant negative impacts. So over and above interactions with police and incarceration, having a criminal record can impact people’s employment, their housing status, their family life, and their physical and mental health, and it does very little to reduce the supply and use of illicit drugs. Criminalizing people also reinforces stigma and discrimination, which can often drive people to use drugs alone. And we know that is a major factor in the risk of fatal overdose, and it discourages people from calling emergency responders or reaching out for help within their social networks more generally. And so the idea with decriminalization is that removing criminal charges for personal possession, Will reduce interactions with police and the negative effects of criminal justice system involvement. And it’s also hope that it will reduce stigma against people who use drugs and the consequences of that stigma.

Jordan Heath-Rawlings Mm-hmm.

Dr. Lindsay Richardson And so it’s really attempting to shift our approach to substance use from a, a criminal or a punitive framework to one that is evidence based and rooted in racial and social equity and in, uh, public. Where is the urgency to address this coming from? And I ask that because I’d, I’d love it if you could tell us a little bit about how bad the overdose crisis or the opioid crisis is in BC right now.

Jordan Heath-Rawlings I feel like we do a story like this every year or twice a year. And, and to be frank, it, it usually sounds like it keeps getting worse.

Dr. Lindsay Richardson It sounds like it keeps getting worse because it does keep getting worse. So to be clear, it’s not just British Columbia. Right now across North America, we’re seeing the highest rates ever of people dying from the toxic dark supply. And so, you know, what we really have at the root cause of a lot of this is that the dark supply is adulterated with things like fentanyl or benzodiazepines or xylazine we’re seeing now, which is a sedative that’s used on animals. And so that unregulated drug supply that has become toxic results in people not knowing the potency or the purity of the drugs that they’re using, and people might believe that they’ve purchased and are consuming one thing, where in actuality they’re consuming something else entirely because we don’t know. They don’t know what is in their drugs. And so in Canada we have close to 20 people a day dying in the us. In 2021, over a hundred thousand people died, and in 2022 we had a very slight reduction from the peak numbers of overdose fatalities or drug toxicity or poisoning, fatal. We peaked in 2021. We are just slightly under that level right now. But what I would say is that the, the levels of overdose, mortality and morbidity, because it’s not just the effects of death, lots of people are having non-fatal overdoses, and those have consequences as well. We’re seeing unprecedented levels and they’re catastrophic, and so the decriminalization request really comes from a recognition. The criminalization of people who use drugs is one aspect where drug related harm is produced, but I think it’s really critical to remember that decriminalization is just one piece of a larger puzzle. It doesn’t do anything to address the toxic drug supply, and so it’s really important to recognize that it is unlikely to reduce, overdose as much as might be hoped. You know, in in the media coverage around this when it was happening, there was a lot of conversation around, well, is decriminalization going to address the overdose crisis or the drug poisoning crisis? And really it doesn’t address the toxic drug supply, which is at the root of that crisis. And so it’s, it’s one piece of a broader puzzle, and it’s a really important piece of that broader puzzle. But you know, I don’t anticipate that we’re going to see dramatic reductions in overdose as a result of decriminalization.

Jordan Heath-Rawlings I thought initially when reading about BC’s policy that it was 2.5 grams of each of those. You’re telling me it’s 2.5 grams total. How does that jive? The typical amount that somebody who is using illicit drugs will possess?

Dr. Lindsay Richardson Well, I think it’s really important to recognize that use occurs across a range of levels. So yes, it is 2.5 grams total of those drugs, and you know, in general, it depends on who you are. And we’ve conducted research amongst our team that has been supported by the lived experiences of people who use drugs. And that research tells us that the limits are too low. And part of the reason why those limits are too low is because it doesn’t factor in patterns of how people purchase drugs and share drugs with others. And so, for example, some people who have lower incomes might buy their drugs in bulk to economize. And so suddenly that’s no longer available to them. People might pool resources. You can think about it like if you were to have a social gathering and you were buying alcohol for guests, you’re gonna purchase more than you’re actually gonna consume in that moment. And, uh, we know from people’s substance use patterns and, and from, you know, how people pool and share and exchange resources. Sometimes 2.5 grands is not going to be enough. And the real question, I think is what the criteria for the limit should be. Right? How should we actually figure out what the right amount is?

Jordan Heath-Rawlings Yeah.

Dr. Lindsay Richardson And if we’re looking at. You know, the average amount that someone might have on their person at a given amount of, at a given point in time, that’s not really the right criteria because what we should be trying to do is decriminalize those people who are most targeted by police and most impacted by the criminalization of drug use. And so those are people who face socioeconomic, disadvantaged, people who are living in poverty, and people who use more frequently.

Jordan Heath-Rawlings Are there places that we can look to as we sort of begin this pilot for a benchmark as to what marks a good outcome? Uh, are there examples we can learn from? Where would you tell Canadians to pay attention?

Dr. Lindsay Richardson There’s a lot of movement in the drug policy space right now, so there’s a lot of, a lot of things happening and Portugal is the most often cited place. They took decriminalized all drugs in 2003 and really have seen incredible successes around that policy and that initiative. And where they’re similar to BC is that each is adopting an approach that’s really trying to focus more on public. Than a criminal justice approach to, to substance use. And in the Portuguese approach, people who are, uh, identified as possessing drugs are referred to an administrative panel. And so that is for people who are consuming or purchasing or possessing, they get referred to an administrative panel which makes, makes recommendations around treatment or fines or warnings or other penalties, BC’s approach. Is not as comprehensive. It simply removes the criminal penalty for possession. And so there are fundamental differences. It’s also really important to note that Portugal and Canada are really different environments. So everything from, uh, population density, uh, to what’s in the unregulated drug supply. You know, Portugal hasn’t experienced the same proliferation of fentanyl and other deadly adulterants, and so it’s really important that drug policy be tailored to a given environment. Oregon is a jurisdiction. Taking an approach that’s, uh, more similar to bc So like bc this policy change hasn’t really come with other needed policy reforms to address the toxic drug supply or the social or economic issues that contribute to substance use. And so the rollout in Oregon is, you know, they are sort of two years into their pilot and it has been a mixed story and I think it will likely be a mixed story here. This is not a silver bullet. There are no silver bullets. It’s a complex problem. And so there are other jurisdictions that we can learn from, but it is really important to tailor these things to the place where they’re being initiated

Jordan Heath-Rawlings In terms of how we can tailor that approach, uh, and what it looks like on the ground in BC. What kind of rules are there in this pilot program governing where these drugs can be carried? Where they can be used?

Dr. Lindsay Richardson I know a lot of the stigma. Around users has come from sort of the open air usage, especially in places like the downtown East side and Vancouver. So in terms of the exemption and what it covers, it’s, it’s pretty limited, right? It only covers a small amount of certain substances. Only for adults. It doesn’t apply to youth and possession is still prohibited near schools, near licensed childcare facilities in airports, in cars or boats operated by someone under 18, or where drugs are accessible to the operator or the driver of those boats. And so there’s still various restrictions and it’s also important to remember that. Still have discretion to stop and seize if they suspect trafficking, right? They still have that discretionary power. And so what that means is that populations that are already overpoliced are gonna continue to be overpoliced, right? So that will be lower income. Individuals who might be using drugs in public because they don’t have access to private spaces might be people of color, indigenous people that we know are overpoliced. And so, you know, we, we can anticipate that without sort of concerted effort that decriminalization may increase inequities among people who use drugs rather than decrease them, particularly around along socioeconomic lines. We also are seeing several municipalities in DC that are introducing or threatening to introduce bylaws that would directly contradict the spirit of this policy by finding other ways to criminalize people who use drugs. And so what they’re doing is they’re planning ordinances that prohibit. Public drug use or drug use in public spaces. And you know, this has been mentioned now for Kelowna, Vernon, Campbell River. So it’s not just one or two. There’s a, there’s a group of municipalities and on the surface it really might seem like a straightforward approach, but in reality, many people who use unregulated drugs have to do so public. They don’t have access to a private space where they can do drugs. And using a loan, which we know is a key driver of fatalities, is something that people are trying to avoid. You know, people are cautioned to use with other people to be there with, uh, naloxone kits, for example, that can reverse an overdose if one happens. And so, you know, it has the potential to really help. Inequities among people who are low income and don’t have a place to use outside of public view. And it also really reflects how people use drugs. And people living in poverty are often criminalized for issues that are unrelated to their substance use. Right? And so when we see people having move along orders or citations or the confiscation or clearing of their belongings, right? These are all ways in which, you know, it’s not necessarily a criminal. But there are real long-term impacts to being sort of pervasively penalized for being in outdoor spaces. And using drugs or looking like you might be using drugs.

Jordan Heath-Rawlings Since you mentioned the discretion that the police have in most of these situations, what do we know about how the police are responding to this? Have they been vocal either for or against? I could see it going either way. And I guess maybe it depends on the individual police force or even the officer who happens to be on the scene, but like what do we know so far about their stance on this pilot?

Dr. Lindsay Richardson Well, we know that the Canadian Association of Chiefs of Police has come up publicly in support of decriminalizing people who use drugs. So that’s really, that’s important. That public endorsement shows that there’s widespread support for changing our approach to substance use.

Jordan Heath-Rawlings Yeah.

Dr. Lindsay Richardson To move away from criminalizing people who use certain drugs and to try and, uh, adopt approaches that are less harmful and more equitable. And I think you really raised an important point in that this is a really complex thing to implement, right. Thinking about how enforcement will actually work. And so I can’t speak to. What police experience of this has been so far. But I do know there are lots of questions. You know, how is enforcement being done? You know, how is it assessed what someone is actually carrying when the drug supply is so adulterated, right? So if someone thinks they have heroin, Or they think they have fentanyl, that’s what they thought they fought, but it’s adulterated with something that isn’t decriminalized. How, how, how is that handled? Right. You know? And, and there are also questions around, you know, is there an accountability structure to make sure that it’s being enforced in a good way? And these are questions that I think a lot of people in the community are paying attention to and asking, and that we don’t have clear answers. Uh, but I do think that that public support by the Canadian Association of Chiefs, the police is symbolically very important.

Jordan Heath-Rawlings I know it’s only been two months, so we can’t possibly have the kind of large scale data you would need in your research, uh, on how this is going. But I’ll just ask before we let you go. Anecdotally, what have you heard? And if not that, then what will you be looking for carefully as the pilot continues? What do you want to see?

Dr. Lindsay Richardson It’s gonna take a long time for us to really understand the impacts of what’s going on. And so, you know, anecdotally conversations that I’ve had with people in the community are, are really mixed. You know, they recognize that it’s a really important change that a people, that people have been fighting for for a long time. But they also recognize that it’s only one piece in a broader puzzle. And so, you know, I think I’m sort of taking a short term, medium term, long-term view to all of this. In terms of thinking about decriminalization in the short term, you know, we’ll be looking at whether or not interactions between people use drugs and police change.

Jordan Heath-Rawlings Hmm.

Dr. Lindsay Richardson And whether there are reductions in the number of people entering the criminal justice system in the medium term. We’ve got things like employment or housing stability, or family stability, or physical and mental health. So really looking at whether or not decriminalization is impacting those kinds of things. In the long term, we’ll be thinking about, you know, reductions in stigma and the negative impacts of stigma and whether or not that, That sort of public health approach or that that more holistic social approach to, uh, to drug use takes hold, you know, in the popular imagination. And one of the things that I think is really important is the, the contextual piece around it just being one piece of a larger puzzle.

Jordan Heath-Rawlings Mm-hmm.

Dr. Lindsay Richardson Right? The toxic drug supply. Catastrophic, you know, and we have entrenched drug related harm that has infiltrated our social fabric for a really long time. And so decriminalization can’t be expected to solve the complexity of that challenge. But if we were to effectively look at all of this sort of more globally, what we’d really need would be a sort of a safe and regulated and accessible drug. We need to address a lot of the social and economic drivers of drug use and drug related harm. And we also really need to develop a comprehensive, accessible, and culturally appropriate system of treatment, harm, reduction in social care, which we don’t currently have. And so, you know, in some decriminalization is really important and it has the potential to have real changes in the daily lives of people who use. And it’s just one piece of a bigger puzzle. Dr. Richardson, thank you so much for this. I hope we can check back in when we do have some data and uh, maybe see some positive returns.

Dr. Lindsay Richardson I’d like that. Thanks so much.

Jordan Heath-Rawlings Dr. Lindsay Richardson of the University of British Columbia. That was the big story. You can look back at other episodes we’ve done about destigmatizing drugs by typing that phrase in the search bar at the Big story podcast.ca. You can as always submit your idea for a story by emailing hello at the big story podcast.ca. This was one of the requests. That we got from a listener. We look at these every single week. We take ’em to a story meeting. We discuss, I’m, so please send them in because we want to know what you wanna know. You can also call us and leave a voicemail if that’s easier than sending an email. 4 1 6 9 3 5 5 9 3 5. As I have mentioned many, many times, if you want to hear this podcast on a smart speaker, just say, Hey, whatever your smart speaker’s name. Play the Big Story podcast. Thanks for listening. I’m Jordan Heath-Rawlings. We’ll talk tomorrow.