Police seizure of drugs without arrest among people who use drugs in Vancouver, Canada, before provincial ‘decriminalization’ of simple possession: a cohort study

Abstract

Background Several jurisdictions in Canada have recently considered decriminalizing possession of illicit drugs for personal use (henceforth, simple possession) as part of their responses to the ongoing drug toxicity/overdose crisis. In this context, we sought to examine an early implementation case of a de facto depenalization policy of simple possession offences in Vancouver, Canada, that was enacted in 2006. Specifically, we characterized experiences of people who use drugs (PWUD) whose drugs were discretionally seized by police without arrest. Methods Data were derived from three prospective cohorts of community-recruited PWUD in Vancouver over 16 months in 2019–2021. We conducted multivariable generalized estimating equations analyses to determine the prevalence of and factors associated with drug seizure. Sub-analyses used data collected in 2009–2012 and examined the trends over time. Results Among 995 participants who were interviewed in 2019–2021, 63 (6.3%) had their drugs seized by police at least once in the past 6 months. In multivariable analyses, factors significantly associated with drug seizure included: homelessness (adjusted odds ratio [AOR]: 1.98; 95% confidence interval [CI] 1.09–3.61), working in the unregulated drug market (AOR: 4.93; 95% CI 2.87–8.49), and naloxone administration (AOR: 2.15; 95% CI 1.23–3.76). In 2009–2012, 67.8% reported having obtained new drugs immediately after having their drugs seized by police. Odds of drug seizure were not significantly different between the two time periods (2019–2021 vs. 2009–2012) (AOR: 0.93; 95% CI: 0.64–1.35). Conclusions Despite the depenalization policy, the Vancouver Police Department has continued to seize illicit drugs from PWUD, even in cases where no arrest occurred. This policing practice may create health and safety risks for PWUD as it forces PWUD to increase the engagement with the unregulated illicit drug market. Our findings support calls for abolishing this often-undocumented discretionary policing practice that may exacerbate ongoing health inequities and interfere with peer-based overdose prevention efforts.

Navigating the nexus between British Columbia’s public consumption and decriminalization policies of illegal drugs

“…Public consumption legislation may further encourage expedited drug use behaviors by making PWUD feel that they need to use their drugs as quickly and discreetly as possible when using in public to avoid criminalization, placing them at even greater risk [ 32 ]. Hasty drug use in an effort to avert criminalization or the public’s gaze can lead to practices such as rushed injections or improper hygiene procedures, which can also increase the risk of developing abscesses.…”

“…Hasty drug use in an effort to avert criminalization or the public’s gaze can lead to practices such as rushed injections or improper hygiene procedures, which can also increase the risk of developing abscesses. In these circumstances, PWUD may overlook proper sterilization of consumption and injection equipment, and can result in environmental hazards, such as discarded needles and paraphernalia, endangering the broader community [ 32 ]. Additionally, under Bill 34 , punitive policing practices such as drug seizures may be enforced in public spaces, which could lead to increased interactions with the unregulated drug market among PWUD [ 33 ].…”

“…People experiencing homelessness face a multitude of challenges, especially amid the housing crisis, with limited shelters and housing services. Without access to designated drug-use spaces they face heightened vulnerability to harassment, including from law enforcement, and risk drug confiscation due to having to carry their entire supply [ 32 , 41 ]. This exacerbates housing insecurity, potentially perpetuating cycles of poverty and substance use.…”

Situating the Nonprofit Industrial Complex

“…1) are public relations strategies that fail to obscure the reality that police shootings, killings, and "intimidation and cruelty are mainstays of police presence in the neighbourhood" (Pivot Legal Society 2020, para. 2; Griffiths 2022; Hayashi et al 2023;Spring Magazine 2022).…”

“…In addition to CPCs, the VPD and Vancouver Police Foundation have a number of arm's-length programs (Vancouver Police Foundation 2023), many of which are dedicated to promoting police and often convey false or misleading information. This includes the Odd Squad Drug Awareness program, a campaign used to spread fear about drugs to youth while ignoring harm caused by the police as enforcers of prohibition and drug seizures (Hayashi et al 2023;Ray et al 2023). The Vancouver Police Foundation (VPF) is a registered charity that receives millions in annual revenue (Canada Revenue Agency 2022).…”