Results at a Glance: Horizontal Evaluation of the Legalization and Strict Regulation of Cannabis

Program context

The Implementation of a New Federal Framework for the Legalization and Strict Regulation of Cannabis horizontal initiative brings together Health Canada (HC), Canada Border Services Agency (CBSA), Royal Canadian Mounted Police (RCMP), Public Safety Canada and Public Health Agency of Canada to implement and administer the federal cannabis framework.

Activities of funded partners under this initiative are organized by five high-level themes:

1. Establish, implement, and enforce the new legislative framework;
2. Provide Canadians with information needed to make informed decisions and minimize health and safety harms;
3. Build law enforcement knowledge and engage partners and stakeholders on public safety;
4. Provide criminal intelligence, enforcement, and related training activities; and
5. Prevent and interdict prohibited cross-border movement of cannabis while maintaining the flow of legitimate travelers and goods.

For HC, activities under the cannabis framework are also supported by the Substance Use and Addictions Program (SUAP), which provides funding for problematic substance use.

Evaluation approach

This evaluation examined the design and delivery of funded partners' Initiative activities from 2017-18 to 2021-22, as well as HC's SUAP funding for cannabis.

• document and file review
• key informant interviews
• data analysis
• literature review
• financial data review

What the evaluation found

The implementation of the new Cannabis Framework was a success, particularly considering the short timelines leading up to legalization, the complexity of related issues, the number of stakeholders involved, and the historical context of the subject. All funded partners have made significant progress against planned outcomes included in the scope of this evaluation, despite unexpected impacts from the COVID-19 pandemic. The five areas of activity led by funded partners are still appropriate to meet the goals of the Initiative. As the program moves forward with renewal, varying perspectives have been raised about which activities should be prioritized in light of the current context and challenges, such as online illicit cannabis sales and illegal cross-border movement.

The vast majority of stakeholders and partners expressed appreciation for how smoothly the implementation of the Cannabis Framework went overall, due in large part to extensive engagement efforts by HC and other funded partners. However, concerns were raised by the few First Nations partners interviewed as to the level of meaningful engagement with Indigenous partners leading up to and since legalization. Still, the First Nations partners interviewed for this evaluation also expressed cautious optimism regarding a 2021 Memorandum of Understanding (MOU) signed between HC and a First Nations community. This MOU helps support the consideration of community processes where appropriate, during HC's licensing and oversight processes, including information sharing related to new applications, supporting transparency of on-site inspections, and providing expertise and support for the ongoing oversight of cannabis activities within the community. Some noted that the MOU could be a potential "blueprint" for other communities wanting similar recognition of their community processes within the federal cannabis framework.

There are also opportunities to further results of the initiative through timely publication of inspection results, improve information sharing between HC and law enforcement related to personal and/or designated production of cannabis for medical purposes, and enhance public education and awareness efforts regarding cross-border movement of cannabis.

The horizontal Federal/Provincial/Territorial governance structure established in the period leading up to legalization was found to be a key factor in the success of implementation activities. Now that the Framework and its supporting activities are moving towards stabilization following implementation, multiple partners have suggested that it is time to re-evaluate the governance strategy and streamline it where possible.

Recommendations

1. Examine ways to increase transparency related to inspection activities, including a review of the approval levels required for publication of inspection data to support more timely public availability of inspection results.
2. Explore additional ways to improve information sharing between HC and law enforcement agencies, including the RCMP, as part of the service provided by HC to disclose information relating to registrations to produce cannabis for medical purposes in support of investigations under the Cannabis Act, subject to legal restrictions, including those set out in the Cannabis Act.
3. Review the governance structure and strategy to streamline where possible while still facilitating ongoing information sharing across partners and all levels of government.
4. Identify lessons learned from First Nations, Métis and Inuit community engagement and integrate learnings, where appropriate, into cannabis-related activities and services to ensure they are culturally responsive and relevant.
5. Enhance public education and awareness strategies as they relate to cross-border movement of cannabis, in order to combat the high rates of prohibited importation and exportation occurring at the border, much of which is occurring unintentionally due to lack of awareness in travellers or consumers purchasing product online.