Canada Decriminalizes Simple Drug Possession

Summary#

This bill would decriminalize simple possession of drugs listed in the Controlled Drugs and Substances Act (CDSA). It repeals CDSA sections that make it a crime to possess these substances, while keeping crimes like trafficking, production, and import/export in place. It also updates related parts of the Criminal Code and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to match the change (Bill: repeal of CDSA ss.4, 4.1; Criminal Code paras. 462.48(1)(a), 553(c); PCMLTFA s.11.11(1)(d)(ii)).

• Simple possession would no longer be a criminal offence in Canada (Bill: repeal of CDSA ss.4, 4.1).
• Trafficking, production, and import/export would remain illegal (Bill: Schedules I–IV now tied to ss.5–7.1, 10, 29, 55, 60).
• No new health programs, fines, or diversion rules are created by this bill (Bill text).
• Past possession convictions are not erased by this bill (no expungement or record relief in bill text).
• Technical changes update time limits and cross-references in the CDSA and Criminal Code (Bill: CDSA s.47(1); Criminal Code paras. 462.48(1)(a), 553(c)).

What it means for you#

• Households and individuals

  • Simple possession of substances in CDSA Schedules I–III would no longer lead to a criminal charge or record. Police could not charge you for possession alone (Bill: repeal of CDSA s.4).
  • Buying, selling, giving, importing, exporting, or producing these drugs would still be crimes with serious penalties (Bill: CDSA ss.5–7.1).
  • Bringing these drugs across the border would remain illegal (Bill: CDSA s.6).
  • The bill does not set any possession limits, ticketing system, or fines. It removes the criminal offence but adds no new administrative rules (Bill text).
  • The bill does not clear old possession records. It does not create record suspensions or expungements (Bill text).
  • Timing of when the changes take effect: Data unavailable.

• Workers and job seekers

  • Fewer people would get new criminal records for possession going forward. This may reduce future barriers to jobs that screen for criminal records. The bill does not change existing records (Bill: repeal of CDSA s.4; no expungement in bill text).

• Businesses

  • No direct new duties or compliance requirements. Business activity involving trafficking, production, or distribution remains illegal (Bill: CDSA ss.5–7.1).

• Police, prosecutors, and courts

  • No more arrests or charges for simple possession under the CDSA. Enforcement would focus on trafficking, production, and import/export (Bill: repeal of CDSA s.4; Schedules tied to ss.5–7.1).
  • The one-year limit for starting certain summary proceedings is restated for remaining CDSA matters and related orders (Bill: CDSA s.47(1)).

• Local and provincial/territorial governments

  • No new federal funding, mandates, or reporting duties. Any health or social responses would depend on provincial/territorial choices. The bill does not require new programs (Bill text).

Expenses#

Estimated net cost: Data unavailable.

• No appropriations or new programs are created by the bill (Bill text).
• Potential savings or costs to policing, courts, or corrections are not estimated in the bill or an official fiscal note. Data unavailable.
• Administrative updates to cross-references have no stated fiscal impact (Bill text).

Proponents' View#

• Ending criminal penalties for possession reduces the number of people who get criminal records for personal drug use (Bill: repeal of CDSA s.4).
• Police and courts can focus resources on trafficking, production, and import/export, which remain crimes (Bill: CDSA ss.5–7.1; Schedules I–IV now reference these sections).
• The title signals a shift from a criminal approach to a health approach to substance use. Supporters say removing the possession offence helps reduce stigma (Bill short title).
• The bill avoids complex new systems. It makes a narrow legal change and leaves health service design to provinces and territories (Bill text).

Opponents' View#

• Removing the possession offence without adding treatment, prevention, or diversion programs could leave service gaps. The bill creates no new health supports or funding (Bill text).
• The bill sets no possession thresholds or administrative tools, which could create uneven policing or confusion about local responses. Data unavailable.
• Decriminalization may reduce a tool police use to intervene in drug situations. Possession alone would no longer justify a criminal charge (Bill: repeal of CDSA s.4).
• The bill lacks an implementation plan or transition period, which may challenge coordination across jurisdictions. Timing and guidance are not specified (Bill text; Data unavailable).