BC’s decriminalization pilot will come to an end on January 31, 2026. The aim of this initiative was to address the overdose crisis by removing stigma that prevents individuals from seeking life-saving support and treatment.
The pilot, the first of its kind in Canada, removed criminal penalties for the possession of small amounts of illegal substances for personal use. Speaking with reporters early in January, Premier David Eby said that the pilot “did not work”. Health Minister Josie Osborne said the pilot “hasn’t delivered the results we hoped for,” as she announced that the Province would not seek an extension from Health Canada.
Local governments have been significantly affected by the opioid crisis, facing added pressure on first responders, bylaw officers, and protective services. The following outlines key developments that shaped the implementation of the pilot.
Prior to the pilot
In 2016, the Provincial Health Officer declared that the overdose crisis was a public health emergency. The number of drug-related deaths had been climbing rapidly, reaching 914 deaths that year.
BC local governments also recognized the need to address the overdose crisis, endorsing resolutions in 2019 and 2020 that called for policy frameworks and funding. In 2021, members endorsed NR44, which called for legislative and funding frameworks for decriminalization, de-stigmatization, safe supply and suitable medical treatments.
Based on the direction provided through these resolutions, UBCM participated in the Province’s Decriminalization Core Planning Table to provide input into allowable drug amounts, law enforcement, public consumption, and ensuring health and social services were aligned to support this change. Prior to the official request to Health Canada for a decriminalization pilot in BC, UBCM asked the province to host a webinar that would allow local governments to provide input. Local government concerns identified during the webinar were included in the submission to Health Canada.
Additional consultation and feedback opportunities were offered through Convention sessions in 2022 and 2023. It was felt that a working group, specifically for local governments, was needed to discuss public use of substances, enforcement, and to understand community concerns. The Province agreed with this request, and UBCM and provincial staff co-chaired the Local Government Working Group, which comprised of staff from seven local governments.
During the pilot
The pilot program began in January 2023 and soon faced criticism from local governments, who raised concerns about the public use of illicit substances in child-focused spaces such as parks and playgrounds. Some sought to regulate the use through local bylaws in an effort to ensure that smoking of illegal substances in parks was banned. Local goverments said it would be more effective to introduce a province-wide change, rather than have each community introduce its own bylaws as to where illicit substances could be consumed.
Given these concerns and those from police agencies, Health Canada amended the exemption and prohibited the possession of illegal drugs within 15 meters of play structures in a playground, spray pools, wading pools, and skate parks. While this alleviated some of the challenges in BC communities, UBCM members went further and requested that the Province introduce fall 2023 legislation to regulate the possession and use of illicit drugs in parks, beaches, sports fields and bus stops where children also gather (2023-SR4).
The same year, recognizing the goal of decriminalization was to address the overdose crisis, UBCM members also sought “geographically accessible, on-demand mental health and addiction treatment, detox and recovery services; overdose prevention sites with inhalation; and access to safe supply and drug testing for all regions of BC” (2023-SR3); and “preventative programs in the form of mental health treatment and well-being programs” (2023-NR7).
UBCM’s President at the time, Councillor Trish Mandewo, summarized the local government position in an interview during the 2023 Convention: “Decriminalization, without the adequate supports for treatment, as well as things like safe consumption and housing, is not working.” She also said “[Decriminalization] needs to be a two-pronged approach, where we are supporting our neighbours who need the support … and also looking at the community at large”.
Following Convention, in November 2023, the provincial government introduced legislation to address consumption of illegal drugs in the above noted areas. However, the proposed legislation was halted after the Harm Reduction Nurses Association filed a legal challenge and the Supreme Court of British Columbia issued several interim injunctions.
In April 2024, further amendments were made by the federal government to prohibit the use of illegal drugs in all public spaces, including inside hospitals, on transit, in playgrounds, spray parks, wading pools, on K-12 premises and in parks. Police could now ask users to leave an area, seize drugs when necessary, or arrest a person if required. UBCM President Trish Mandewo spoke in support of the changes while also continuing to urge the Province to provide the supports and services necessary to support detox and treatment.
Following the pilot
A new study by the Government of Canada indicates a 17% decline in overdose deaths nationally in 2024 compared to 2023. Likely factors contributing to this decline are changes in drug toxicity and concentration, naloxone availability, and a declining population of persons at risk due to the sustained high rate of overdose deaths in recent years. BC’s decriminalization trial was not seen to be a factor in the declining number of overdose deaths.
Local governments continue to be concerned with issues related to mental health and addictions, and street disorder in communities. The BC Association of Chiefs of Police issued a statement in January 2026, saying, “Unintended consequences emerged during the pilot, including a noticeable increase in public drug use, street disorder, and related impacts on community safety. These outcomes have highlighted the importance of ensuring that any approach to substance use is carefully balanced, well supported by health and social services, is responsive to community concerns and ensures accessible pathways to treatment.”
The provincial government has shared that theycontinue to stand by its public health approach to substance use, and is confident that it can achieve this through the Controlled Drugs and Substance Act (CDSA) and other legal frameworks, such as the Good Samaritan Drug Overdose Act. Protections will also remain in settings where separate exemptions to the CDSA exist, such as in supervised consumption and drug checking sites. This move ensures people who rely on these life-saving services can still access them without fear of criminal penalties. The Province has also shared information with police agencies on how to move forward in the absence of the exemption.
Local governments continue to call for more support for mental health and addictions in BC, including:
- Sufficient detox beds, treatment facilities, and virtual addiction care,
- Dedicated funding streams for local governments facing increased street population challenges,
- Mental health and addictions supports for specifically for youth,
- Additional complex care facilities, and
- Long-term funding for the mental health and policing programs under the Safer Communities Action Plan.