Homegrown cannabis restriction reinstated by Quebec Appeal Court

A lower court ruling that struck down a provincial ban on homegrown cannabis was overturned by the Quebec Court of Appeal after it held that the province was acting within its jurisdiction over property and civil rights when it decided to regulate the market by creating a state monopoly to minimize the “harmful” effects of cannabis on health.

Thanks to the Quebec Appeal Court ruling, Quebec along with Manitoba are the only provinces that still have in place a strict regulatory approach that bans residents from growing recreational cannabis at home in spite of the federal law, Cannabis Act, allowing individuals to grow up to four plants.

“The Court of Appeal’s conclusion that the provincial prohibition is intra vires Quebec appears to me to be largely correct, based on the Court’s very careful analysis of the evidence of the purpose and effects of the impugned provisions, particularly when placed in the context of the broader regulatory scheme created by the (Quebec) Cannabis Regulation Act as a whole, which seeks to give a monopoly on cannabis production and sale” to the Société Québécoise du Cannabis (SQDC), said Olga Redko, a Montreal civil litigator with an expertise in administrative, regulatory and constitutional law matters at IMK LLP.

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This story was originally published in The Lawyer’s Daily.

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