Why are police nonetheless charging youth with easy drug possession? The case for decriminalization

The tales are related: earlier than they have been searched by police, younger folks swallowed no matter substance they’d on them for private use, to keep away from “catching” further costs. Every of us has heard them repeatedly whereas working with youth.

This impulsive ingestion has vital ramifications for youth, households and communities. It’s notably harmful for youth, who could not have constructed up sufficient tolerance for the substance, or are unaware of what they’ve really bought. These youth typically have already taken one other drug earlier than they encounter police, and mixing multiple substance, or taking extra of the identical substance, is thought to result in worse outcomes in youth.

This leads us to ask: why are police nonetheless charging folks for possession of gear for private use beneath the Managed Medicine and Substances Act (CDSA)? In Canada in 2018, greater than 6,300 youth have been arrested or had interactions with police for drug possession.

Poisonous sweet

Alprazolam (Xanax) is a kind of benzodiazepine remedy typically used to deal with anxiousness and panic problems, however can be used recreationally by younger folks. When ingested in a poisonous quantity — which varies by age and weight — it will possibly result in coma, sluggish and ineffective respiratory and even loss of life.

As manufacturing of illicit substances evolves, so does the looks, content material and power of these substances. Alprazolam tablets pressed to appear like SweeTARTS and different candies have been present in Canadian communities. A “candy tart” or “xanie tart” varies in its efficiency and will comprise different substances together with fentanyl and heroin. If impulsively ingested by a youth who is just not accustomed to the drug, the outcomes could possibly be life-altering.

A well being challenge, not a felony justice challenge

Since its inception, the Nova Scotia Authorized Help youth workplace has assisted youth with easy possession costs, opposite to s.4(1) of the Managed Medicine and Substances Act. Nevertheless, previously two years, no youth authorized help lawyer has had this cost transcend the preliminary levels of courtroom proceedings. Federal Crown attorneys have exercised their discretion to withdraw or refer easy possession costs to restorative justice packages. As felony costs could be dismissed if a youth completes restorative justice, they keep away from the stigmatization which will include a youth courtroom document.

Updates to the Public Prosecution Providers of Canada (PPSC) deskbook seem to mirror a crystallization of this typical follow and acknowledge that merely possessing and utilizing substances must be handled by the well being system, and never the felony justice system. Sadly, so long as police can arrest a youth and lay the cost of straightforward possession, the well being dangers we’ve every seen in social work, the emergency room and authorized help will stay unchanged.

The chance of being handcuffed by a police officer, being charged or the considered being obliged to look in a courtroom could be extraordinarily consequential to a toddler. Most younger folks have little or no perception into the workings of the justice system. It’s doubtless they’ll assume that being discovered with a substance like Xanax will land them in a locked facility.

They might already be beneath the affect of a substance once they notice they’re prone to a police officer discovering it of their possession. This clouds their judgement in an already nerve-racking state of affairs and additional will increase the danger that they’ll eat an unsafe quantity of a substance to eliminate it, doubtlessly resulting in severe hurt or loss of life.

A 2018 coverage temporary on decriminalization by the Canadian Centre on Substance Abuse and Habit examines how different nations method possession and connection again to supportive well being packages. The Canadian Affiliation of Chiefs of Police helps the decriminalization of private, illicit drug possession, and the Public Prosecution Service of Canada is taking steps to lower the probability of conviction for private, illicit drug possession.

Till additional decriminalization efforts could be made, what could be performed now?

A safer different

Take into account the impression of law enforcement officials providing folks the possibility to show over any illicit substances with out consequence, no matter earlier costs or any present authorized circumstances requiring them to chorus from substances.

This follow could keep away from unintentional overdoses and scale back the danger of medical problems whereas youth are within the custody of police, sheriffs or correctional officers, most of whom wouldn’t have the coaching, instruments or time wanted to deal with an individual experiencing an overdose. It could additionally lower the danger of unintentional overdose when launched from custody, ought to they be remanded into pressured sobriety.

This variation in follow might assist deal with the stigma round substance use, which is a barrier to looking for assist. Analyzing substances handed over might present life-saving data and enhance the probability of apprehending those that manufacture and site visitors these substances.

Given the recognition that substance misuse is a well being and social challenge, not a felony challenge, we hope that law enforcement officials will use their discretion and provide a safer selection for youth.

Just like the Good Samaritan legislation that ensures folks is not going to be criminalized for ensuring one other receives correct medical consideration, such a follow would solely be helpful if these affected learn about it. Letting folks know they won’t be charged for his or her private substances will take time, communication and acceptance of the finest follow analysis on substance use problems.

This text was co-authored by Paul Sheppard, a youth lawyer with Nova Scotia Authorized Help in Halifax.