Possessing drugs and illegal substances used to be an automatic prison sentence, but the prisons have since been overrun by these offences. This is part of the reason why Canada is making a push to decriminalize certain drugs and make recreational drug use less of a social justice issue.
Instead, they are now trying to treat it as a community problem.
But what is drug decriminalization, and what does it mean for your future, your drug use, and how you can seek treatment for these issues?
Here is what you need to know to protect yourself and ensure you stay on the right side of the law with upcoming measures and sanctions:
What Does Decriminalization Mean?
Drug decriminalization is an important topic in the modern war on drugs: Taking away some of the criminal penalties for being caught in possession of certain illegal drugs.
Why would decriminalization of drugs be so important for the welfare of the Canadian population?
In short, it allows more people to seek help for drug addiction instead of getting caught in the wheels of the criminal justice system. This approach is more effective than locking people up.
Of course, there is an important distinction that must be made between the decriminalization of drugs and the legalization of those same substances.
Legalization Vs. Decriminalization of Illegal Drugs
While decriminalization takes away from the penalties for being caught in possession of a substance, legalization is a different issue altogether. These two terms are not interchangeable, though people do tend to use them this way. Knowing the difference can help inform your position on the debate.
Decriminalization lifts the penalties of possession and drug use, but it does not facilitate the legal sale of those substances.
On the other hand, legalization means that people would be able to have access to those substances in the same way that nicotine, alcohol, and cannabis are available today: You can buy them at sanctioned businesses if you have proper ID.
Substances are still federally illegal under decriminalization, even if law enforcement does not prioritize the punishment and correction of this drug abuse. Legalization would mean that there are no longer any illegal drugs and substances.
Bill C-5: Proposed Federal Action
There is good news for anyone who is hoping for law enforcement to offer different treatment to those caught in possession. Under Bill C-5, this federal action would decriminalize minor cases of drug possession. This is an important introduction for several reasons.
First, it assumes that drug offenders are likely struggling with substance abuse and treats the issue as a more social and community-based problem than is possible when imposing criminal sanctions.
Second, it aims to protect the dignity and overall health of those caught in the throes of addiction. Instead of the usual course of punishment for these issues, offenders could be given the chance to seek drug treatment rather than jail time. Keep in mind that this applies to personal use and not for the intent to distribute.
How does Bill C-5 impact health? Canada is catching up to other parts of the world and proposes to eliminate mandatory minimum sentences for drug possession. This simple act would cut back on over-incarceration, and be more helpful to bettering mental health in our communities.
Would This Mean Drugs Could Be Sold Legally?
Decriminalization of drugs does not mean that drugs would be sold legally. It simply means there would be fewer drug arrests for possession (usually considered to be 2.5 grams or less). Controlled drugs are not going to be made available for purchase as over-the-counter medications, at drug stores, or anywhere else.
If you are caught with more than the standard 2.5 grams, you can be charged with trafficking. There will still be penalties for this in Canada, usually prison time.
Drugs will not be seized when found on a person. Instead, officers will provide drug education and help refer people to addiction treatment centers for recovery services.
What Would Still Be Criminal When It Comes to Drug Use?
While you may be able to possess small amounts of certain drugs, there are still restrictions put in place. For example, you cannot possess these drugs in airports, childcare facilities, or schools. Depending on the area you reside in, there may be additional sanctions imposed. For example, Vancouver does not allow drugs at city facilities or private areas.
It will also be considered criminal to possess more than 2.5 grams of these same drugs.
Has Decriminalization Been Attempted Anywhere?
Yes, decriminalization of drugs has been attempted in other parts of the world successfully.
In the United States, Oregon was the first state to decriminalize all drugs in 2021. Residents who had possession of drugs could either pay a $100 fine or engage in treatment services instead of jail or prison time. There are now 17 states with this policy (plus Washington D.C.).
Other countries have also had a surge in decriminalization policies, including Argentina, Chile, Colombia, and Mexico. Even Spain, Italy, and Germany have jumped on the bandwagon. There is an incredible precedent for this move around the globe.
Do You Need Help With Drug Charges?
If you are facing drug charges and need help to minimize your sentencing, you need an experienced drug charge lawyer. The system is complex and challenging to navigate on your own without years of prior experience and insight. Brodsky Amy & Gould is here to take the weight off your shoulders and allow you to rest easier at night.
Reach out to us today to learn more about how we can assist you with your drug charges now.
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