The Supreme Court plans to review Quebec’s cannabis regulation law

The Supreme Court plans to review Quebec’s Cannabis Regulation Act. This determines whether you can grow your own cannabis if you live in the province.

Canada legalized cannabis in 2018, but that didn’t mean all provinces had opted for federal policy. Not long after, Quebec passed its Cannabis Regulation Act. According to the law itself, this law is designed to “prevent and reduce harm from cannabis in order to protect the health and safety of the public”. The most notable part of the plot is that you cannot grow your own cannabis. Anyone violating this clause faces fines ranging from $250 to $750. The bill also includes a number of other clauses, such as restrictions on advertising and places where you can glow. There are of course some exceptions. For example, if you grow weed for medicinal purposes, you are exempt from this law.

Not surprisingly, the law has sparked controversy and many believe it is unconstitutional. In 2019, Janick Murray-Hall questioned the lawfulness of the law, stating that it overdid it on a purely federal matter. Murray-Hall’s challenge proved successful, with the Quebec Supreme Court siding with him. But then the Court of Appeal reversed that decision, prompting Murray-Hall to take the matter to Canada’s Supreme Court. This is where we are now regarding the cannabis situation in Quebec. Some time later the Supreme Court will make its decision and hopefully we can have a deal. But until then we just have to wait a bit.

Provincial vs. federal jurisdiction and how the Supreme Court is likely to proceed with the Quebec Cannabis Regulation Act

You may be wondering where the Supreme Court is likely to end up on this issue. And to be honest, it’s pretty hard to say. Quebec’s cannabis regulatory law exists because of Canada’s way of dividing powers and duties at the federal and provincial levels. Provinces enact and control everything “local” like education and hospitals. For cannabis, this means that provinces can determine how cannabis is sold, the location and operation of dispensaries, and who has the selling rights. In addition, the provinces can add additional restrictions, such as: B. Limiting personal cultivation. Again, the main debate is about that. Quebec not only added restrictions, they even banned personal cultivation. Is that constitutional or does it go too far into federal jurisdiction? This is where the Supreme Court has to decide.

As a frame of reference, I live in British Columbia where these restrictions are much less stringent. Anyone over the age of 19 can grow a certain number of cannabis plants at home. By comparison, Quebec’s laws look a lot stricter. But this isn’t the first time Quebec has decided to go its own legal way. For example, they used the clause notwithstanding 61 times, far more than the other provinces and territories combined. Underlying all of this is the cultural difference between Quebec and the rest of Canada, a conversation that’s reopening with these weed lawsuits.

What are your thoughts on the Supreme Court’s review of the Quebec Cannabis Regulation Act? Do you think the Supreme Court will make a favorable ruling for cannabis users? Please share your comments here and don’t forget to follow us @cannalifenet!