Graham Abbott

Quebec Court Finds Home Growing Ban Unconstitutional

A judge in Quebec’s Superior Court has ruled that the current provincial ban on homegrown cannabis is unconstitutional; experts say, however, that a similar ban could be carried out lawfully.

Full story after the jump.

A Quebec, Canada Superior Court judge has ruled that the provincial ban on home cannabis cultivation for personal use is unconstitutional, the CBC reports. Superior Court Justice Manon Lavoie said the ban equals criminal legislation, which is under federal jurisdiction.

Julien Fortier, the attorney who brought the case, told the CBC that while the ruling allows individuals to grown cannabis at home, the ruling is “very technical” and warned that the government can still appeal the ruling or try to rewrite the law in a constitutional way.

“No evidence was filed, except for the legislative debates. It was really a case that was strictly about the … constitutional law.” – Fortier, to the CBC

Under federal cannabis law, citizens are allowed to cultivate up to four plants for personal use, but Quebec’s law banned home-growing. A Quebec official said the government is studying the ruling.

Among Canadian provinces, Quebec has taken a conservative approach to cannabis policy and legalization. In July, the government announced a ban on THC-infused candies and confections and capped edible potency at 5 milligrams of THC per unit and 10 milligrams of THC per package; drinkable products are capped at 5 milligrams per container. Cannabis-infused topicals will also be banned temporarily.

Provincial officials are also considering setting THC limits of 30 percent on all cannabis products sold in the province but have not officially implemented the policy.

Under federal rules, edible products are limited to 10 milligrams of THC per package and 1,000 milligrams of THC per package for concentrates and topicals.

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