FAQ

Please Check our Frequently Asked Question Below

What’s the difference between decriminalization and legalization?

Decriminalization refers to the elimination of criminal penalties (e.g., criminal record, carceral system) for possessing an illegal substance intended for personal use. Some decriminalization policies may still impose non-criminal sanctions such as fines, however the use of non-criminal sanctions depends on the specific decriminalization policy. For example, the British Colombia decriminalization pilot policy does not impose any form of non-criminal sanctions, however possessing a substance for personal use still remains illegal. Legalization means it would be lawful to possess specified substances for personal use. One consideration for this policy would be to develop a regulatory framework. For example, alcohol and cannabis are legal substances however different regulations still restrict their production and sale. Both of these concepts are extremely complex and nuanced, and would require careful and robust consideration, planning, and implementation.

Wouldn’t access to prescribed “safe supply” of drugs offset most harms associated with drug use?

While access to an uncontaminated regulated drug supply can certainly help to offset the morbidity and mortality associated with illicit drug use, it does not address the harms associated with criminalizing people who use drugs. There are many harms that are directly linked to criminalization and can therefore only be mitigated by decriminalizing the possession and use of drugs.

If drug use was decriminalized, wouldn’t more people use drugs?

It is possible that there is a small increase in recreational drug use (as in the case of Portugal). However, this highlights the important distinction between the prevalence of drug use and the prevalence of the associated harms. Portugal is the most widely cited example of drug decriminalization because it successfully paired a decriminalization policy with considerable investments in its public health approach. Despite a small increase in drug use among adults, Portugal’s policy shift resulted in a reduction in drug use among problematic users, a significant decrease in opioid-related overdose deaths and transmission of blood-borne infectious diseases, and a reduced burden of drug offenders on the criminal justice system.

Instead of incarcerating people who use drugs, why don’t we send them to rehab?

The criminalization of substance use unfairly impacts all of those who use substances, whether or not they are eligible for treatment of a substance use disorder. Therefore, the goal of decriminalization is to remove this undue burden of the criminal justice system on all of those who use substances. Similar to legal substances such as alcohol, many consume illegal substances in moderation and do not require treatment. Therefore, the assessment for whether or not someone requires treatment must be more nuanced and cannot be based on simply possessing the substance. There could be added harms by requiring some to attend rehab on the sole basis of possessing an illegal substance. In Canada, we have pre-existing frameworks for assessing capacity to consent to treatment. We should respect existing law, and as much as possible, respect patient autonomy as a principle of medicine. While the evidence on involuntary admissions for substance use disorder is limited, what evidence we do have indicates that involuntary admissions for substance use disorder do not work and are potentially harmful.

Isn’t there already an order in many jurisdictions to not prosecute for possession of drugs for personal use? Isn’t this effectively decriminalization without having to change legislation?

Many parts of the country defer to local law enforcement and courts when it comes to decisions around whether to charge/prosecute for possession of drugs for personal use. When this kind of discretion is employed in place of national standards, it facilitates discrimination on the grounds of race, class, gender, etc., which is of particular importance given that racialized and underresourced communities already suffer disproportionate harms at the hands of current drug legislation. The concept that drug use is a criminal act, whether it is prosecuted or not, perpetuates stigma that increases all harms associated with drug use and places barriers in front of people who wish to access recovery resources.

What’s the line between drug trafficking and drug possession for personal use?

In jurisdictions that are currently defining the terms of decriminalization for their regions, the question of thresholds has become a topic of hot debate. If possession thresholds are to be applied, they should be informed by the realities of life for people who use drugs and should not cause undue harm or suffering. Thresholds that are too low can lead to increased potency of the drug supply which can increase the risk of harms such as overdose.