The Quebec government will appeal a September court decision that ruled the province’s ban on home cannabis cultivation is unconstitutional, the Canadian Press reports. Last month, Superior Court Justice Manon Lavoie ruled that the ban equals criminal legislation, which is under federal jurisdiction.
Under Canadian federal law, citizens are allowed to grow up to four plants in their home but Quebec ultimately banned home cultivation under provincial regulations.
Following the ruling, Julien Fortier, the attorney who brought the case, called it a “very technical” decision and warned that the government could bring an appeal or try to rewrite the law in a constitutional way.
Quebec Premier Francois Legault told Airdrie Today that the government “will go right to the limit in the courts to do what we think is good for Quebecers.” He added that both major provincial parties – Coalition Avenir Quebec and Liberals – agree on the ban.
Lionel Carmant, Quebec’s junior health minister, said the province’s stance is different than the rest of the nation and officials support a public health approach to cannabis use and avoid trivializing cannabis use. He added that property owners “think it would be bad for their apartment rentals to permit the growing of cannabis in the home.”
Manitoba has also banned home cannabis cultivation.
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 and cannabis-infused topicals will also be banned temporarily. The government is also planning on raising the legal age to purchase and consume cannabis from 18 to 21-years-old.
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