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British Columbia Ends Drug Decriminalization Pilot After Three-Year Trial

Vancouver, BC – January 15, 2026

British Columbia has announced it will end its three-year drug decriminalization pilot, bringing personal possession of illicit drugs back under federal criminal law when the exemption expires later this month.



Health Minister Josie Osborne confirmed the province will not seek to renew the temporary exemption from Health Canada that allowed adults to possess small amounts of certain illicit substances without criminal charges. The pilot, which began on January 31, 2023, was the first of its kind in Canada and was introduced as part of the province’s response to the public-health emergency declared in 2016.


Under the pilot, adults aged 18 and over were permitted to possess up to 2.5 grams combined of opioids such as fentanyl and heroin, as well as cocaine, methamphetamine, and MDMA, for personal use without arrest, charges, or seizure. The policy was designed to treat substance use as a health issue rather than a criminal one and to encourage people to seek care and support.


Osborne said the pilot was a time-limited experiment and “has not delivered the results we hoped for,” adding that the province will now focus on strengthening approaches that help people access appropriate care and treatment. British Columbia operated the pilot under a temporary exemption to the federal Controlled Drugs and Substances Act.


The experiment was partially scaled back in May 2024, when Health Canada approved provincial amendments restricting where decriminalized possession applied.


Those changes limited possession to private residences, designated shelters, health-care settings, and overdose-prevention or drug-checking sites. The province said the request for amendments was driven in part by concerns about drug possession and use in public places, including areas frequented by children such as near schools, playgrounds, parks, and transit stops.


With the exemption set to expire on January 31, 2026, possession of illicit drugs will once again be fully governed by the Controlled Drugs and Substances Act.


Police agencies, including the RCMP and municipal forces, will regain full authority to enforce possession offences. Provincial officials have said enforcement will continue to be guided by a health-focused approach, with referrals to services where appropriate.


The province says it will continue investing in harm-reduction initiatives, treatment and recovery services, safer-supply programs with enhanced oversight, and expanded access to both voluntary and involuntary care.


The end of the pilot does not affect cannabis, which remains legal under the federal Cannabis Act. In British Columbia, cannabis smoking and vaping rules largely mirror tobacco regulations.


Cannabis use is generally permitted where tobacco smoking is allowed, but prohibited within six metres of doorways, open windows, air intakes, and transit stops, as well as in many public spaces such as playgrounds, school grounds, and parks unless specifically permitted by local bylaws. Municipalities may impose additional restrictions.


The conclusion of the decriminalization pilot marks a shift in strategy, as British Columbia continues to respond to the toxic-drug crisis through a combination of enforcement, treatment expansion, and public-health measures.

 
 
 

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