SCC to hear challenge over Quebec’s ban on homegrown cannabis

There may yet be hope for Quebec homegrown cannabis growers.

The Supreme Court of Canada will examine the constitutionality of a provincial ban that forbids the growing of recreational cannabis for personal use. No date has been set for a hearing.

The Quebec Court of Appeal overturned a lower court ruling last year that held that Quebec’s prohibition on home cultivation was unconstitutional.

The Appeal Court concluded instead 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.

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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.

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Ruling that struck down the ban on homegrown cannabis may set the stage for another constitutional legal battle

A Quebec Superior Court ruling that struck down the provincial ban on homegrown cannabis may set the stage for yet another constitutional legal battle over the province’s proposed strict draft regulations on cannabis edibles, according to legal experts.

In a ruling that elated cannabis users but disheartened proponents of cooperative and flexible federalism, Quebec Superior Court Justice Manon Lavoie held that the two sections of the Quebec Cannabis Regulation Act that prohibited Quebec residents from growing or possessing cannabis plants at home for personal use were unconstitutional because it infringes upon the federal Parliament’s exclusive authority on criminal law.

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