Subsection 56(1) class exemption to possess small amounts of certain illegal substances in the province of British Columbia – health care clinics, shelters and private residences
Preamble
This exemption is granted in consideration of the following:
- substance use harms are first and foremost a health and social issue and should be treated as such except in exceptional cases where public safety risks are present;
- the Controlled Drugs and Substances Act (CDSA) has a dual purpose to protect public health and maintain public safety;
- the province of British Columbia has requested that the exemption granted under subsection 56(1) of the CDSA be amended due to concerns about widespread use of controlled substances in public spaces; and
- part of achieving a balance between public health and public safety is ensuring law enforcement has the tools needed to address issues of public safety while continuing to take a public health approach to addressing substance use harms.
Definitions
Except as provided below, the terms used in this exemption have the same meaning as those provided in the CDSA and its regulations.
- Adult
- means an individual who is 18 years of age or older.
- Designated health care clinic
- means a health care clinic that provides addictions services and that the Minister of Mental Health and Addictions of British Columbia designates as a place where this exemption applies.
- Illegal substance
- means an opioid, cocaine, methamphetamine or MDMA, as set out in the Annex.
- Private residence
- means a residence as defined in the section 1 of the Liquor Control and Licensing Act, SBC 2015, c. 19.
Scope of Exemption
Pursuant to subsection 56(1) of the CDSA, adults within the province of British Columbia are, subject to the conditions set out below, exempt from the application of subsection 4(1) of the CDSA if they are in possession of an illegal substance (see definition above), or any combination of such illegal substances, up to a maximum cumulative quantity of 2.5 grams, and
- they are within a designated health care clinic;
- they are unhoused and sheltering in accordance with all applicable laws; or
- they are within a private residence.
Conditions
This exemption is applicable only if
- the possession of the illegal substance is for personal use with no intent to traffic, to export or to use in the production of a controlled substance in a manner that is not authorized under the CDSA; and
- the adult complies with the policies and requirements of the place to which this exemption applies.
Duration
This exemption expires on the earliest of the following dates:
- the date on which this exemption is replaced by another exemption; or
- January 31, 2026.
Suspension or Revocation
This exemption may be suspended without prior notice if the Minister determines that such suspension is necessary to protect public health or public safety.
The Minister may revoke the exemption if the Minister is of the opinion that it is no longer necessary.
This exemption replaces Subsection 56(1) class exemption for adults in the province of British Columbia to possess small amounts of opioids, cocaine, methamphetamine and MDMA.
Effective Date: This exemption is effective as of May 7, 2024.
Annex
| Illegal Substance | CDSA listing | CDSA Schedule and Item |
|---|---|---|
Opioid |
Opium Poppy (Papaver somniferum), its preparations, derivatives, alkaloids and salts |
Schedule I, item 1 |
Phenylpiperidines, their intermediates, salts, derivatives and analogues and salts of intermediates, derivatives and analogues |
Schedule I, item 3 |
|
Phenazepines, their salts, derivatives and salts of derivatives |
Schedule I, item 4 |
|
Amidones, their intermediates, salts, derivatives and salts of intermediates and derivatives |
Schedule I, item 5 |
|
Methadols, their salts, derivatives and salts of derivatives |
Schedule I, item 6 |
|
Phenalkoxams, their salts, derivatives and salts of derivatives |
Schedule I, item 7 |
|
Thiambutenes, their salts, derivatives and salts of derivatives |
Schedule I, item 8 |
|
Moramides, their intermediates, salts, derivatives and salts of intermediates and derivatives |
Schedule I, item 9 |
|
Morphinans, their salts, derivatives and salts of derivatives |
Schedule I, item 10 |
|
Benzazocines, their salts, derivatives and salts of derivatives |
Schedule I, item 11 |
|
Ampromides, their salts, derivatives and salts of derivatives |
Schedule I, item 12 |
|
Benzimidazoles, their salts, derivatives and salts of derivatives |
Schedule I, item 13 (not including (3)Footnote 1) |
|
Fentanyls, their salts, derivatives, and analogues and salts of derivatives and analogues |
Schedule I, item 16 |
|
Tilidine (ethyl2–(dimethylamino)–1–phenyl–3–cyclohexene–1–carboxylate), its salts, derivatives and salts of derivatives |
Schedule I, item 17 |
|
Tapentadol (3-[(1R,2R)-3-(dimethylamino)-1-ethyl-2-methylpropyl]-phenol), its salts, derivatives and isomers and salts of derivatives and isomers |
Schedule I, item 22 |
|
AH-7921 (1-(3,4-dichlorobenzamidomethyl)cyclohexyldimethylamine), its salts, isomers and salts of isomers |
Schedule I, item 23 |
|
MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues |
Schedule I, item 24 |
|
U-47700 (3,4-dichloro-N-(2-(dimethylamino)cyclohexyl)-N-methylbenzamide), its salts, derivatives, isomers and analogues, and salts of derivatives, isomers and analogues |
Schedule I, item 26 |
|
Tramadol (2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol), its salts, isomers and salts of isomers and the following derivatives of tramadol and the salts, isomers and salts of isomers of those derivatives:
|
Schedule I, item 27 |
|
Lefetamine ((-)-N,N-dimethyl-α-phenylbenzeneethanamine), its salts, derivatives and isomers and salts of derivatives and isomers |
Schedule III, item 29 |
|
Zipeprol (4-(2-methoxy-2-phenylethyl)-α-(methoxyphenylmethyl)-1-piperazineethanol) and any salt thereof |
Schedule III, item 31 |
|
Cocaine |
Cocaine (benzoylmethylecgonine) |
Schedule I, subitem 2(2) |
Methamphetamine |
Methamphetamine (N,α-dimethylbenzeneethanamine), but not including its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues |
Schedule I, item 18 |
MDMA |
N-methyl-3,4-methylenedioxy- amphetamine (N,α-dimethyl-1,3-benzodioxole-5-ethanamine) |
Schedule I, subitem 19(8) |
|
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