Legislative and policy frameworks for psychoactive substances have not kept pace with established health best practices. Modernizing these frameworks is a priority area in the “National Framework for Action to Reduce the Harms Associated with Alcohol and Other Drugs and Substances in Canada” 1 and is a focus for public health physicians in British Columbia through the Health Officers Council of BC (HOC).

In outlining the critical elements, the new “National Framework” says that the relationship between policy, legislation, and effective responses “cannot be underestimated,” that laws “can have both positive and negative impacts”, and the extent to which laws are adequately addressing psychoactive substance issues “is critical”.

This discussion paper highlights the power of law in protecting and improving health, and how failure to use the law appropriately is contributing to many substance associated problems.

The paper points out that the current prohibition approach is unsustainable, and describes the failures and harms of caused by this method. It also raises concerns about the risk that illegal substances could become regulated as commercial commodities, thereby potentially repeating the mistakes of alcohol and tobacco regulation.

The HOC proposes several steps to address the “National Framework” recommendations:

1. The formation of a steering and working groups to develop public health oriented proposals for policy and regulatory approaches to psychoactive substances.

2. Creation of a multi-sectoral, public health oriented policy framework for developing substance category specific policies and strategies.

3. Ongoing evaluation of the current approach and various new demand and supply side approaches, including evaluation of variation of approaches at the local, provincial, and national levels.

In addition, HOC highlights the importance of learning the lessons for better regulation of alcohol, tobacco and prescription psychoactive substances, proposes questions to consider regarding policy and regulation, and calls for action to develop new regulatory approaches in support of coherent and comprehensive approaches to minimize arms and realize benefits.

* Health Officers' Council of BC is a registered society in British Columbia of public health physicians who among other activities advise and advocate for public policies and programs directed to improving the health of populations. Contact Dr. Brian Emerson, Secretary, Health Officers Council of BC, brian.emerson@gov.bc.ca , Ph 250-952-1701.