CPHA supports the City of Vancouver’s call for decriminalization of personal possession of all drugs

The Canadian Public Health Association (CPHA) commends the City of Vancouver’s call for the decriminalization of drug possession by the federal government. As demonstrated in CPHA’s 2017 position statement, criminalization of those who use illegal psychoactive drugs is unsuccessful and a more robust public health approach is needed immediately. 

“With the opioid crisis out of control and threatening people’s lives, we must employ a stronger public health approach to help people who use psychoactive drugs,” said CPHA executive director Ian Culbert. “Decriminalizing personal possession and improving social support services is the next step if we want to make any meaningful progress. When we stop treating these individuals as criminals, we can better address their physical, mental and social needs.” 

The use of illegal psychoactive substances in Canada persists despite ongoing efforts to limit their consumption. Criminalization of those who use these substances remains the principal tool to control their use and is unsuccessful. An alternative approach — a public health approach — is required. Such an approach is being used to manage the ongoing opioid crisis through amendments to the Controlled Drugs and Substances Act and other related acts, including renewal of the Canadian Pharmacy Drugs and Substances Strategy.

“We commend the Government of Canada for the actions it has taken to date to address the opioid crisis,” said Culbert. “It is imperative that the federal government, in collaboration with others at the regional levels, continue to expand and strengthen a public health approach to manage all psychoactive substances and reduce legal barriers that cause harm to individuals who use drugs.” 

In 2014, CPHA published a discussion paper that closely examined alternatives to the unsuccessful prohibition and criminalization measures. For example, Portugal has developed a unique approach to the management of illegal psychoactive substances that is based on the recognition that illegal substance use is a health problem. As such, the possession and use of illegal drugs remains illegal, but the sentencing for this use does not result in criminal conviction. The European Monitoring Centre for Drugs and Drug Addiction has provided an extensive profile of the development of drug policy in Portugal.

CPHA’s RECOMMENDATIONS
CPHA calls on the federal government to work with provinces and territories to:

• Decriminalize the possession of small quantities of currently illegal psychoactive substances for personal use and provide summary conviction sentencing alternatives, including the use of absolute and conditional discharges;
• Decriminalize the sales and trafficking of small quantities of IPS by young offenders using legal provisions similar to those noted above;
• Develop probationary procedures and provide a range of enforcement alternatives, including a broader range of treatment options, for those in contravention of the revised drug law
• Develop the available harm reduction and health promotion infrastructure such that all those who wish to seek treatment can have ready access;
• Provide amnesty for those previously convicted of possession of small quantities of illegal psychoactive substances; and
• Provide expanded evidence-informed harm reduction options that include, for example, improved access to supervised consumption facilities and drug purity testing services.

Furthermore, CPHA recognizes and supports the right of Indigenous communities to respond to psychoactive substance use according to their traditional justice and/or cultural protocols.