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Posts tagged decriminalization
Criminalizing Public Space Through a Decriminalization Framework: The Paradox of British Columbia, Canada

By Tyson Singh Kelsall and Jasmine Veark and Molly Beatrice a d

This commentary explores a recent shift in British Columbia's drug policy under a novel drug “decriminalization” framework. We focus on the province's move toward "recriminalization" under this framework. In short, recriminalization was a shift in BC's drug decriminalization framework to only apply in private residences, and be removed from essentially all outdoor spaces. This policy change was completed through an agreement with the federal government amid a public health emergency. Since 2016, BC has faced a severe crisis of drug-related overdoses and poisonings, driven by a toxic and unregulated drug supply compounded by prohibitionist policies. Expert recommendations for increasing access to a regulated drug supply have repeatedly dismissed as solutions by the governing BC New Democratic Party, opting instead for measures that do not undercut the toxic drug supply. We examine the sociolegal context of the BC government decision to recriminalize drug use in 2024, including attempts to criminalize recent drug use and police suspicion of substance use. These drug law reforms, understood here as forms of biopolitical violence, reflect a broader trend of using drug policies as tools for social and spatial regulation. By analyzing the sociolegal implications of these policies, the commentary situates the BC government's actions within a framework of sanctioned biopolitical massacre, highlighting the tension between purported decriminalization efforts and the actual enforcement strategies that perpetuate harm and exclusion. This examination underscores the complex interplay between drug policy, public health crises, and state power in the context of systemic colonial and racialized control that may be adaptable to other regions considering drug law reform.

International Journal of Drug Policy

Volume 136, February 2025, 104688

“No Penalties. No Arrests. No Jails”: Perspectives on Drug Decriminalization Among People Who Inject Drugs in Sydney

By

George Christopher Dertadian and Vicki Sentas

The decriminalization of drug possession in varied forms is gaining some traction around the world. Yet prospects for people with lived and living experience of drug use to influence the direction of drug law and policy reform remains bound by stigma and exclusion. This study considers the aspirations for decriminalization of people who inject drugs through 20 semi-structured qualitative interviews with the clients of the Sydney injecting centre. What does decriminalization mean for those most criminalised by drug law and policy? The study found that participants’ views of what is possible for decriminalization are mediated by the same structures and experiences of criminalization, incarceration and exclusion that has disrupted their lives. Participants anticipate the need to mobilise incremental and partial changes associated with de facto models, including fines, increased police discretion (and therefore power) and treatment

orders. At the same time, participants collective imaginary also exceeds the limits of a police-controlled depenalization. We document people’s claims on a future drug policy that speaks to a world without criminal drug offences, punitive controls and the exclusion of people who use drugs from the policy table

International Journal of Drug Policy Volume 135, January 2025, 104657