Manitoba and Quebec still won’t let you grow weed at home

While Canadian federal law provides that Canadians have the right to grow up to four cannabis plants per household, two provinces, Quebec and Manitoba, have denied their citizens that right.

Instead, both provinces argue that they have the right not only to regulate how their residents grow cannabis, but also to ban it entirely, citing the need to keep it out of the reach of minors.

So far, both provincial laws apply, although two groups are actively questioning them. One in Quebec successfully challenged the law in 2019 and another in Manitoba is trying to do the same later this year or early next year.

The 2019 court “win” is still stuck on appeal

In Quebec, a team representing a Quebecer named Janick Murray Hall successfully challenged his province’s ban on growing cannabis at home in a Quebec Superior Court in 2019.

The judge in this case ruled against the provincial government’s ban, but the province quickly appealed, meaning their law remained in effect until the appeal.

That appeal has been ongoing since then and the lead attorney on the case, Maxime Guérin, says he awaits a verdict later this summer or fall.

The same struggle is slowly going on in Manitoba as well. A Manitoba resident Jesse Levoi filed a lawsuit.

Federal vs. provincial jurisdiction

Part of the push-and-pull between provinces has to do with how much control a province has over its own jurisdiction.

The federal law on cannabis is written under the Criminal Code. The legal precedent in criminal law in Canada is federal jurisdiction. The “spirit” of federal regulations, the federal government argues, is to provide permission for access to, including possession and cultivation, of cannabis.

It sets limits such as: B. to allow no more than four plants, and allows the provinces to have jurisdiction over how those plants are grown and how many.

There are also other restrictions. Landowners, landlords, and homeowner associations also have the right to place restrictions on whether or not cannabis can be grown on land, and communities can also impose additional restrictions on how and where cannabis is grown.

These restrictions do not apply to most that are allowed to be grown for personal medicinal use.

The right to grow four plants

The total ban on growing cannabis is against the spirit of federal law. Provinces can limit it, impose restrictions, but they cannot prevent this right, which all Canadians have, the federal government says.

Still, Quebec and Manitoba disagree.

So far, no other province has set a limit of less than four plants, but some have rules for growing it. All provinces also require that the cannabis grown comes from seeds purchased through their system. Or maybe a wonderfully diverse bumper crop from your friend’s legal plants.

The rules for growing cannabis at home vary by province

While Manitoba and Quebec are the only provinces that completely ban home growing, other provinces dictate how you grow these four crops.

British Columbians are required to keep plants out of the public eye. In New Brunswick and PEI, indoor plants must be locked away, while outdoor plants must be at least behind a fence and out of the public eye. Newfoundland and Labrador do not allow outdoor cannabis cultivation at all.

The lawyer says it would go too far to ban it completely

By not only restricting it, but prohibiting it altogether, says Guérin, they have gone too far. It is not clear whether both sides will appeal this ruling – and bring it to the Supreme Court – he says.

Although his team is ready, he says he isn’t sure the province would be willing to take the risk of losing in the Supreme Court and set a precedent for this aspect of federal jurisdiction over Quebec’s own rules.

“If we lose in the appeals court, we go to the Supreme Court,” explains Guérin. “I still have some doubts that if we win the appeal, the government will go to the Supreme Court because I think it’s clear we have a great chance of success and I think the government will.” be aware of this. But there is still a possibility. “

Why they went this far in the first place, he says, part of it is the typical provincial and federal politics struggle, but there’s also an aversion to cannabis itself.

“In French we have a very good expression for pulling the sheet: ‘Tirer le bord de la couvert’ – ‘They try to take everything for you,’” he continues. “What I mean by that is that the provincial government is definitely trying to be a little more independent because that’s always the struggle.”

“But I also think they really don’t like cannabis in the end, so I think there’s more of the hatred of cannabis than they’re trying to argue about (power distribution), but there’s a good mix of both.”

Overwhelming public and political support

Manitoban Jesse Levoie also filed a constitutional challenge in 2020 against his province’s ban on growing cannabis at home. With a legal backlog due to Covid, he expects it will go to court at the end of this or early next year.

Manitoba has made arguments similar to Quebec’s regarding its right to ban residents from growing cannabis in order to protect children. Levoie hopes to change that too, saying they have been watching things go in Quebec.

As people prepare to harvest their crops at home, two provinces are still banned from growing them. (Adobe warehouse)

In the meantime, he’s trying to raise awareness with events around Winnipeg, including recently in August to commemorate the one-year anniversary of his submission of his challenge.

“We have won overwhelming public and political support for our cause,” says Levoie. “I am extremely grateful for everyone’s support.”

Provinces motivated by anti-cannabis attitudes

Daniel Chornopyski of Chornopyski Law in Manitoba, Levoie’s attorney, says he will not speculate on larger jurisdiction goals, but says the province is certainly motivated by an anti-cannabis stance.

“The legislative approach taken by the Manitoba government and its response to this move show clearly enough that they still view homegrown cannabis as a crime and punishment,” says Chornopyski.

“I can’t say why the current government chose to deal with home-grown cannabis this way, but it is unfortunate given the clear instruction from the federal government that home-grown cannabis is now legalized within set parameters.”

As in Quebec, he suspects the Manitoba government will appeal any decision that violates the home-growing ban.

“It largely depends on the government and what the court will decide,” he explains. “If the court decides in our favor and the current state government remains in office, I expect an appeal.

“We hope this process doesn’t take years to reach a final decision, but we won’t go anywhere until we have exhausted all possibilities to achieve justice for all Manitobans.”

David Brown

David Brown has been working in and writing about the cannabis industry in Canada since 2012. He was previously the editor-in-chief and communications director of Lift Cannabis and Lift News, senior policy advisor for the cannabis legalization division of Health Canada, and is the founder of StratCann Services Inc.

View article by David Brown

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