Canadian Cannabis Legalization: Policy making in fast forward

In the frenzy to legalize recreational cannabis in Canada, people can be forgiven for not understanding the legalization process. That's why we're hosting the Cannabis Pracademic Summit in Quebec City, August 22, 2018.  In the meantime, here is a high-level primer.

Three things to know about cannabis legalization in Canada:

1. Cannabis legalization is the most intense exercise in national policymaking Canada has undertaken in over a generation.  Hundreds of strategic and operational policy decisions need to be made across hundreds of public and private organizations before recreational cannabis is legalized on October 17, 2018.  And the federal government’s stringent timelines have given provincial, territorial, and municipal governments just eighteen months to make them.
2. The bulk of the work is happening outside Ottawa.  Even in policy areas that fall under its exclusive jurisdiction (like criminal law and controlled substances), the federal government requires provincial and territorial governments to act (or not act) in order to fulfill its broader policy objectives in the areas of public health and public safety. See Table 1 below.
3. With just weeks until legalization, many important policy questions remain unanswered.  Implementation decisions flow downhill. With key federal government laws passed just weeks ago, many provinces, territories, municipalities, workplaces, and post-secondary institutions are only beginning to address questions about how cannabis can be produced, distributed, sold, and consumed in their jurisdictions.  This raises concerns about the level of government readiness and public education prior to legalization on October 17, 2018.

Three misconceptions about legalization:

1. Myth: Canadian governments turned primarily to their American state counterparts for policy models.  My interviews with key provincial and territorial officials suggest that most viewed the American political and policy environment as too distinct to use states as models for their own regulatory approaches. 
2. Myth:  Resource constraints have pushed Canadian governments to be innovative in the way they regulate cannabis.  Provided with little up-front funding and even less time to implement the federal government’s agenda, provinces and territories have responded by replicating their existing approaches to alcohol and tobacco.  Treating cannabis on par with these other substances may streamline decision-making and simplify implementation, but it ignores important differences among them.     
3. Myth: The federal government’s approach is predicated on social justice.  The federal government has been clear that ending Canada’s war on drugs will have positive impacts on public health and public safety. Yet it has remained silent on how to address the legacy it has left on Indigenous and racialized communities and how best to ensure they help shape the new legalization regime.

Jared Wesley is Associate Professor of Political Science at the University of Alberta.  He researches the intersection of politics and public policy, with a special focus on intergovernmental relations and subnational dynamics. He is a pracademic, with senior management experience in cabinet coordination and intergovernmental relations with the Province of Alberta.  You can find him on LinkedIn and Twitter (@ipracademic).

Continue the discussion in person.