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GLOSSARY · LAW AND ACCESS

BC decriminalization exemption

Also called: British Columbia decriminalization pilot

A federal exemption, granted to British Columbia under section 56(1) of the Controlled Drugs and Substances Act, that removed the possession offence for adults carrying small amounts of certain drugs. It did not cover psilocybin and expired on 31 January 2026.

The BC government says the province launched a pilot in 2023 to decriminalize people who use drugs, and that the exemption expired on 31 January 2026 and will not be renewed (Government of BC). Health Canada granted it under subsection 56(1) of the Controlled Drugs and Substances Act, exempting adults in the province from the possession offence in subsection 4(1), subject to conditions (Health Canada, BC exemption).

The exemption defined an illegal substance as an opioid, cocaine, methamphetamine or MDMA, up to a maximum cumulative quantity of 2.5 grams. The version effective 7 May 2024 limited where it applied, for example private residences and certain health care clinics (Health Canada, BC exemption). Psilocybin and magic mushrooms were never on the list, so possession of them stayed an offence in BC throughout.

The pilot is often cited in debates about decriminalization. BC says it will continue to meet reporting requirements covering the full three-year period (Government of BC). This is history and description, not legal advice.

General information, not legal advice.

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