Hamilton asks to join drug decriminalization experiment

City councillors want illicit drugs for personal use decriminalized in Hamilton and have voted to ask the federal government for an exemption in law.

Health Canada has already granted British Columbia an exemption under the Controlled Drugs and Substance Use Act for three years starting Jan. 31, 2023. Toronto has made the same request and is waiting for an answer.

Hamilton's board of health voted Wednesday to ask to be included in the pilot project.

This is a health issue and not one of morality," said board chair Mayor Fred Eisenberger. No one gets up in the morning and says, I'm going to do everything I can to get addicted to a substance so that I can rip up my life' ... We are treating it as a criminal issue ... when individuals ... need help and health care."

The exemption is not legalization as the drugs remain illegal. However, adults with 2.5 grams or less of certain illicit substances for personal use won't be arrested, charged or have their drugs seized. Instead, police will give information and help with referral for health and social supports.

The hope of decriminalization is that because it removes the stigma around people who use drugs it allows them to seek treatment and have those conversations," said Michelle Baird, director of epidemiology, wellness and communicable disease control.

Public health is supportive of decriminalization, with associate medical officer of health Dr. Bart Harvey telling the board he is 110 per cent" behind it.

However, city councillors also want to see stiffer penalties for the production and distribution of illicit drugs and have made that request to the federal government as well.

The decriminalization of personal possession for use needs to go hand in glove ... with a request for stiffer penalties for the illegal distribution and manufacture of those same illicit drugs," said Coun. Judi Partridge.

Coun. Brad Clark said he has severe trepidation" about decriminalization if there is insufficient resources and penalties for those making and selling the drugs.

We have to make sure the scale is balanced," he said. We want to make sure the penalties are in place for those who are trafficking, for those who are manufacturing and for those who are dealing."

Support for decriminalization was not unanimous with Coun. Esther Pauls and Coun. Lloyd Ferguson voting against it.

If it's not illegal, it's going to be tempting for more people to purchase these black market drugs which results in further criminal activity - breaking into cars, breaking into homes to try to find cash to be able to make this purchase," said Ferguson. I'm wondering if by decriminalizing, we're making it easier for the public to do that rather than seek help."

But Baird pointed to a drop in drug use in Portugal, which decriminalized personal possession in 2001.

There is no evidence to suggest there is increased drug use as a result of decriminalization," she said.

Drug use is a significant issue in Hamilton with annual increases in substance abuse that can be seen through the increasing numbers of emergency room visits, hospital admissions and deaths. Men aged 25 to 44 are most affected.

While I support decriminalization ... it has to be coupled with the ... health supports, social supports, housing supports, educational supports that will be needed," said Coun. Maureen Wilson.

Joanna Frketich is a health reporter at The Spectator. jfrketich@thespec.com