Canada’s Supreme Court rules on Quebec’s cannabis ban – Cannabis | weed | marijuana

The Supreme Court of Canada will rule on whether Quebec’s ban on growing cannabis for personal use is constitutional.

Janick Murray-Hall v. Quebec Attorney General will have a hearing Thursday, September 15.

Cannabis cultivation ban in Quebec

How did Quebec find the outlier with its ban on home-growing?

In 2018, the federal government legalized recreational cannabis. In the federal cannabis law, the government has stipulated that people can grow up to four plants per household.

And then provinces and territories have their sphere of influence, like regulating the retail cannabis sector.

However, in Quebec, the provincial government enacted a law prohibiting people from owning and growing cannabis plants for personal use.

Violators can face fines of up to $750.

Janick Murray-Hall didn’t have it. He called the Quebec law unconstitutional and sued the government.

Lower courts rule on Quebec’s cannabis ban

So how did the Quebec lower courts decide?

Murray-Hall argues that growing cannabis plants falls under the jurisdiction of the federal government. For example, you will be charged under federal criminal law if you are caught growing more than four plants.

Ergo, Quebec does not have the power to ban home growing. Under Section 91(27) of the Canadian Constitution, these matters belong to Ottawa.

That being said, Murray-Hall says the Quebec ban should have no force or effect because federal law overrides state law. Quebec’s cannabis ban is ultra vires to federal cannabis law.

The Quebec Superior Court judge agreed, declaring the Quebec ban unconstitutional. But then the Quebec Attorney General appealed the decision.

The Quebec Court of Appeals disagreed, ruling that the ban was constitutional as it was a matter for provincial jurisdiction.

This time the judge referred to sections of the Canadian Constitution. Section 92(13) states that provinces may enact property and civil rights laws. And Section 92(16) allows the provincial government to enact laws of a local nature.

So the Court of Appeals interpreted the constitution to mean that Quebec can prohibit the cultivation of cannabis plants for personal use.

Supreme Court of Canada to decide

The Supreme Court of Canada will not rule on whether Quebec’s ban on growing cannabis plants for personal use is constitutional.

The case is worth noting for any precedents the case might set. If the Supreme Court rules with Quebec, it could inspire British Columbia’s leadership to take bolder action against Ottawa’s encroachment on BC Bud territory.

Overall, it will settle the question of whether federal cannabis laws can overrule conflicting provincial laws.