A store’s litigation to rid the pot leaf and save Quebec’s cannabis culture
Poutine, unofficially the official national dish of Quebec, goes great with pot.
So good that it can be assumed that the French-speaking province would have accepted the legalization of cannabis at the federal level when it came into effect in 2018. But Quebec has never been happy to take orders from the federal government.
As soon as the federal cannabis law came into force – against vehement objections from Quebec lawmakers – the province announced the country’s most restrictive weed regulations.
From pot leaves to products used for consumption, Quebec has had a provincial ban on all cannabis paraphernalia since federal legislation. While you can still buy items like pipes and bongs, there won’t be jazzy Tommy Chong glasses or branded weed items for sale.
Free the pot leaf
After two years, a headshop takes legal action against Quebec’s restrictive policies to free the pot leaf and restore access to vital cannabis resources that empower and educate consumers.
Christopher Mennillo, co-owner of the Prohibition Counter-Culture Club, a Montreal-based lifestyle brand and chain of head shops and apparel, has become the face of the legal battle against the ban on clothing, posters, books, cosmetics and a host of other items.
Although Mennillo was initially unable to conduct the lawsuit, Mennillo said the company ultimately felt compelled to take action.
“Small mom and pop stores in and around Quebec were hit so badly that they went bankrupt,” he said. “That was a really big deal for us. We recognize that there is a bit of injustice here and we should really do something about it. “
Prohibition stood before a Quebec Superior Court in mid-April, but two months later it’s still unclear how long it will take for Judge Marc St-Pierre to make a decision.
A violation of freedom of expression?
The club’s lawsuit against the state government alleges that the total ban is a violation of freedom of expression.
“We claim that these objects carry political, social, cultural and religious thoughts and beliefs and that such a total ban cannot be justified in a free and democratic society,” said prohibition attorney Frederick Pinto of Pinto Légal in a statement.
The inability to obtain a grass print bandana may not be a public health issue, but the effects of the ban can be wider.
The regulations prohibit not only words and images depicting cannabis, but those relating to cannabis as well – and the lack of clarity in the wording can expose retailers to provincial inspectors.
“References need to be interpreted,” explained Mennillo. “If a word is indicative of cannabis in the eyes of an MSSS inspector, it is at their discretion whether to impose a fine.”
As examples of possible violations, he cites words such as “faded”, “increased” and the number 420.
Weekly enforcement checks
Prohibition has gotten used to the pot police showing up to make sure they have no prohibited items in stock.
Mennillo said the company, with more than 25 locations, is subject to inspection several times a week by provincial officials from the Department of Health and Welfare.
“They keep visiting us looking for bugs, and we keep going beyond that to make sure we’re always one step ahead in complying with the law because we have no interest in going against it,” he said.
“If anything, we want to work with the government to make cannabis a better industry and a better culture. Right now, I think we’re stifling culture. “
Mennillo calculated that the regulations have made the company approximately $ 1.5 million in losses annually since it went into effect in October 2018. The company has also suffered multiple fines, although they successfully contested the vast majority.
It is unclear whether larger chain stores selling pot leaf branded goods such as Sephora will be subject to this test. The MSSS did not respond to requests for comment.
Quebec is the only province with this type of ban
The inability to achieve a grass print bandana may not seem like a public health issue, but the effects of the ban can be wider. The ban prevents access to books and education that cannabis users may need to make informed decisions.
“What people don’t know is that we pulled T-shirts off the shelves and books,” Mennillo said. “So if you’re new to the idea of cannabis use and want more traditional information, you can’t go to a store and just buy a book.”
Mennillo envisions a Quebec where provincial government and retailers like Prohibition have a more collaborative relationship with a stronger focus on education than enforcement.
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