Decriminalization

January 13, 2026

In BC, possession of up to 2.5g of opioids, crack/cocaine, methamphetamine, and MDMA (ecstasy) combined is allowed in private residences, places where people are legally sheltering, overdose prevention services, and outpatient addiction services.

Decriminalization came into place on January 31, 2023, and is set to expire on January 31, 2026.

What is the purpose of decriminalization?  

Decriminalization is intended to address substance use as a health issue rather than a criminal justice issue in order to reduce stigma associated with accessing substance use care.  

What if someone is in possession of substances over 2.5g or in possession of under 2.5g in places where possession is not allowed?  

Possession of over 2.5g of controlled substances could result in arrests, charges, seizures, and convictions. The same penalties are in effect in places not covered by the decriminalization exemption.   

However, law enforcement officials have discretion to prioritize non-criminalizing approaches to substance use when public safety is not impacted. This might include providing public health information, voluntary referrals, or other supportive approaches.  

What will happen as of January 31, 2026?  

Unless it is extended, decriminalization is will end on  January 31, 2026. If it expires, possession of any amount of illicit substances in any place that does not have a specific exemption  (e.g. supervised consumption sites) will be illegal as of February 1st.   

What other legal protections are in place for people who use drugs?  

The Good Samaritan Drug Overdose Act is intended to support people who call for emergency health services in the event of a drug poisoning (overdose) to do so without fear of criminalization. It provides legal protections to anybody at the scene of a drug poisoning 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.