Controlled Drugs & Substances Act
In Canada, the Controlled Drugs & Substances Act outlines what substances are illegal, and what the offenses and punishments are for possession or obtaining these substances.
Drugs are categorized into schedules defined as the distinct drug categories defined by medical use and the potential for abuse or dependancy. Schedule I contains drugs with the highest risk for psychological and physiological reliance. Schedule IV contains drugs with the lowest risk for addiction or abuse.
Under the Controlled Drugs & Substances Act:
- Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III
- No person shall seek or obtain a substance included in Schedule I, II, III or IV
- No person shall seek authorization to obtain a substance included in Schedule I, II, III or IV
Drugs outlined in Schedule I to IV can be found here.
How does this relate to the drug effects?
Drugs that alter the state of mind of the user or induce addictive tendencies are illegal to produce, distribute or consume without specific medical reasoning. Drug effects such as induced state of euphoria, increased energy, enhanced self-confidence are often seen with illegal drugs.
Political Influences on Drug Regulations
Political campaigns throughout history have utilized their stance on drugs and illegal substances as part of their platform. Many politicians have been known to exploit the public’s fear of rising drug use and overdose as a way to push their agenda for the war on drugs and gain popularity with voters. A significant example can be found in United States history, when Ronald Reagan expanded the war on drugs during his presidency in the 1980’s. At this time, media representation of individuals addicted to crack cocaine resulted in a drastic increase in public hysteria regarding illicit drug use. This allowed Reagan to instate zero-tolerance policies for even small drugs possessions and discontinue the implementation of harm reduction programs. When the public’s opinion on illicit drugs shifted to a more favourable view point, Bill Clinton utilized this in his 1992 presidential campaign by advocating for treatment instead of incarceration for drug use. However, throughout his presidency he continued and even augmented the war on drugs, contradicting campaign promises. Today, the United States has made great strides toward addressing the overdose crisis and supporting people with substance use disorders, with many states implementing various forms of harm reduction programs. A major political change was recently made when Oregon became the first state to approve a measure decriminalizing all drug possession for personal use, including cocaine, heroin and methamphetamine.
Other countries all over the world have also made significant advancements in aiding those addicted to drugs of abuse. For example, Portugal was experiencing a significant drug problem in the late 1980’s, with very high rates of overdose and HIV/AIDS infection. In 2001, Portugal became the first country to decriminalize all drugs as an effort to improve safety and mortality rates of drug users. Drug possession is still prohibited, however people found with drugs will not be persecuted as a criminal. Instead, fines or required treatment programs are being enforced in contrast to imprisonment. It is important to note that drug trafficking is still illegal in Portugal and criminal offences will be prosecuted for this offence. Decriminalizing drugs in Portugal has not had a significant effect on drug usage rates, but the number of overdoses and drug related infections has become extremely reduced. This may be reflective of the government’s improved ability to provide harm reduction programs and safe supply for those with substance use disorders. The Netherlands, Switzerland, Germany and Australia are among the group of countries that have instated various forms of decriminalization and have widely available harm reduction programs.
In Canada, the Minister of Health has recently stated that $9.5million of federal funding will be invested into four safe supply programs intended to provide safer alternatives to illegal drugs found on the black market. In addition, Health Canada has approved three overdose prevention sites that will provide supervised consumption and various harm reduction programs. These sites have currently been implemented in Toronto, Ottawa and Kingston, and all provinces and territories have been authorized to initiate overdose prevention sites until September 2021. In many ways, the drug overdose crisis currently happening in British Columbia is very similar to the drug problems faced by Portugal before they decriminalized unregulated drugs. In 2016, the B.C. Provincial Health Officer declared a public health emergency in regards to the increasing rates of drug overdoses seen in this province. Many interventions have been initiated in an attempt to address the overdose crisis, including public education, distribution of naloxone at no consumer cost, drug checking services, overdose prevention sites and other forms of harm reduction programs. Despite these actions, the overdose crisis has continued in B.C. and numbers of drug-related overdose deaths have steadily increased. As a province, B.C. is controlled by the federal government in terms of drug legalization and thus is currently following the Canadian Controlled Drugs and Substances Act. The Canadian federal government has not made any significant moves towards legalization or decriminalization of all controlled drugs, despite legalizing cannabis in 2018. As a result, the Provincial Health Officer of B.C. has initiated provincial action towards decriminalizing simple possession of controlled drugs and has requested that the federal government implement more harm reduction strategies as opposed to pursuing criminal charges for those using illicit drugs. B.C. is working to implement provincial decriminalization through multiple mechanisms; for example, police officers are not the initial first responders to arrive at the scene of a suspected overdose unless necessary. This policy erases the hesitance to call for medical help when experiencing an overdose since the fear of arrest for possession of drugs is minimized. Another strategy allows the police to use their discretion when dealing with cases of small drug possession and giving them more opportunities to provide support to illicit drug users. In particular, the Vancouver Police Department places less importance on the possession of drugs and recognizes that the context of drug possession needs to be assessed first. Future provincial changes may include alternations to the Police Act in B.C.’s provincial legislation that prevent B.C. police departments from pursuing criminal charges for simple drug possession. Based on these initiatives, it is likely that B.C. will become the first province in Canada to decriminalize the possession of controlled drugs with the intent for personal use.
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