Simple possession as a ‘tool’: Drug law enforcement practices among police officers in the context of depenalization in British Columbia, Canada

Greer, Alissa; Zakimi, Naomi; Butler, Amanda; Ferencz, Sarah

doi:10.1016/j.drugpo.2021.103471

Cited by 20 publications

(9 citation statements)

References 36 publications

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“…Participants described a general perception of a cultural shift within Police Scotland, at both local and national level, away from a focus on enforcement-based practices towards an openness to viewing drug use as a public health issue. This echoes the wider literature which suggests that such shifts are increasingly common internationally, albeit slowly, unevenly, and often with significant limitations [24,28,30,48,66]. This is also in line with recent steps in Scotland towards a more public-health approach to policing, including the aforementioned police carriage of naloxone pilot [54] and subsequent roll-out to all officers across Scotland, and the extension of Recorded Police Warnings to Class A drugs.…”

Section: Discussionsupporting

confidence: 77%

“…Literature highlights that marginalised groups are particularly susceptible to being targeted on the basis of belonging to a minority and/or marginalised group, which can often be discerned by particular indicators such as physical appearance [18,20,[68][69][70]. These examples of the use of discretion echo wider literature on the ways that discretion can be used to undermine public health objectives as well as support them [28,29,66]. Such issues thus present potential challenges under any set of arrangements short of de-jure decriminalisation of personal possession.…”

Section: Discussionmentioning

confidence: 99%

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Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

et al. 2022

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Background The impact of policing practices on the engagement of people who use drugs (PWUD) with harm reduction services is well evidenced. Although the police have traditionally taken an enforcement role in responding to drug use, it is increasingly clear that they can play an important part in multiagency delivery of harm reduction interventions. Despite this, there have been no studies exploring police officer perceptions of drug checking services (DCS), which provide analytical testing of client drug samples alongside harm reduction support and advice. Methods Semi-structured interviews were conducted with 10 police officers to explore the policing and legal challenges which could be encountered in the delivery of DCS in Scotland. Results Participants expressed general support for DCS and described this support as part of a wider organisational shift towards public health-oriented policing. Participants also discussed different potential approaches to the policing of areas surrounding DCS including: formal limits on police presence around the service and/or stop and search powers in relation to personal possession; the effective decriminalisation of personal possession within a specified boundary around the service; and informal agreements between local divisions and DCS outlining expected policing practices. Any formal limitation on the capacity of police officers to respond to community concerns was viewed as problematic and as having the potential to erode public confidence in policing. Participants also highlighted the potential for frontline officers to utilise discretion in ways which could undermine public health goals. Legislative change, or national strategic guidance from relevant stakeholders, was seen as a means of providing ‘cover’, enabling local divisions to support the operation of drug checking. Conclusions Despite a small sample of participants, this study summarises key challenges to be addressed in the implementation and operation of DCS in Scotland, and more widely. The paper concludes with suggested opportunities to develop approaches to policing that can facilitate rather than impede implementation and operation of these services.

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Section: Discussionsupporting

confidence: 77%

Section: Discussionmentioning

confidence: 99%

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

et al. 2022

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“…Young PWUD report feeling "looked down upon" by police because of their age and social grouping (Bowles, 2017), and that policing behavior reflects wider society's views toward young people and PWUD (Leslie et al, 2017). Such perceptions and experiences coincide with police reports of using their authority to control PWUD and regulate their space and behaviors, such as forcing PWUD into treatment (Greer et al, 2022;Lister et al, 2008).…”

Section: Literature Reviewmentioning

confidence: 71%

Young People Who Use Drugs Views Toward the Power and Authority of Police Officers

Greer

Selfridge

Watson

et al. 2021

Contemporary Drug Problems

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Many young people who use drugs are structurally vulnerable to policing powers given the ongoing criminalization of drug possession. Police authority limits and the expression of that authority may play a significant role in police encounters among young people who use drugs. This qualitative study explores the views of young people who use drugs toward police power and authority in their recent encounters with police officers. Interviews were conducted with 38 young people who recently used illegal drugs in British Columbia, Canada. We found five interrelated themes related to perceptions of police authority: (1) skepticism and distrust toward authority; (2) paternalism and authority over drug use; (3) officer use of force; (4) police as power-hungry; and (5) officers above the law. Participants described police authority as limitless, unpredictable, untethered, easily abused, and lacking accountability. Participants feared holding police officers accountable to power abuses in a criminal justice system that they saw as stacked against them. Moving forward, institutional reforms may consider and account for the expression, limits, and use of police authority among young people who use drugs and other structurally vulnerable communities.

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“…These connections will also be key to the policy’s objectives, and if done correctly and appropriately, can reduce stigma, and facilitate access to treatment or harm reduction services [ 36 ]. However, extant research suggests that even in situations where police have de-penalized simple possession, the ways in which this is enforced can vary and can result in significant inconsistencies, inequities, and harms, including net widening effects [ 37 ].…”

Section: Discussionmentioning

confidence: 99%

“2.5 g, I could do that before noon”: a qualitative study on people who use drugs’ perspectives on the impacts of British Columbia’s decriminalization of illegal drugs threshold limit

Ali

Russell

Greer

et al. 2023

Subst Abuse Treat Prev Policy

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Background In May 2022, Health Canada approved a three-year exemption from the Controlled Drugs and Substances Act decriminalizing possession of certain illegal substances for personal use among adults in the province of British Columbia. The exemption explicitly includes a cumulative threshold of 2.5 g of opioids, cocaine, methamphetamine, and MDMA. Threshold quantities are commonly included in decriminalization policies and justified within law enforcement systems to delineate personal use among people who use drugs versus drug dealers who are carrying for trafficking purposes. Understanding the impact of the 2.5g threshold can help define the extent to which people who use drugs will be decriminalized. Methods From June-October 2022, 45 people who use drugs from British Columbia were interviewed to gain an understanding of their perceptions on decriminalization, particularly on the proposed threshold of 2.5 g. We conduced descriptive thematic analyses to synthesize common interview responses. Results Results are displayed under two categories: 1) Implications for substance use profiles and purchasing patterns, including implications on the cumulative nature of the threshold and impacts on bulk purchasing, and 2) Implications of police enforcement, including distrust of police use of discretion, potential for net widening and jurisdictional discrepancies in enforcing the threshold. Results illustrate the need for the decriminalization policy to consider diversity in consumption patterns and frequency of use among people who use drugs, the inclination to purchase larger quantities of substances for reduced costs and to guarantee a safe and available supply, and the role police will play in delineating between possession for personal use or trafficking purposes. Conclusions The findings underscore the importance of monitoring the impact of the threshold on people who use drugs and whether it is countering the goals of the policy. Consultations with people who use drugs can help policymakers understand the challenges they may face when trying to abide by this threshold.

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Simple possession as a ‘tool’: Drug law enforcement practices among police officers in the context of depenalization in British Columbia, Canada

Cited by 20 publications

References 36 publications

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

Challenges for drug checking services in Scotland: a qualitative exploration of police perceptions

Young People Who Use Drugs Views Toward the Power and Authority of Police Officers

“2.5 g, I could do that before noon”: a qualitative study on people who use drugs’ perspectives on the impacts of British Columbia’s decriminalization of illegal drugs threshold limit

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