Manitoba court upholds ban on growing cannabis at home

In a ruling issued on Friday, October 13, a Manitoba judge dismissed a resident’s motion challenging the legality of the’prohibition on residents of Manitoba to grow their own cannabis.

The ban does not apply to people authorized to grow cannabis for medical purposes, but to those who wish to grow up to four cannabis plants at home, what is permitted under federal law.

The Manitoba law, which has been in effect since 2018, was challenged by resident Jesse Lavoie, who argued that the provincial ban was unconstitutional and constituted an overreach of provincial authority.

In its defense, the provincial government argued that the ban on growing cannabis at home fell within the province’s jurisdiction in the interest of protecting public health and safety. By doing so, the province ensures that the black market does not profit from home-grown cannabis and helps keep it out of the hands of young people, they argued.

Judge Shauna McCarthy of the Court of Queen’s Bench agreed with the Manitoba government’s arguments, stating that the penalties, while strict, were not excessively punitive and did not violate the balance between provincial and federal jurisdictions. The province of Manitoba has the right to ban the cultivation of cannabis at home, even though federal law allows for the cultivation of up to four plants.

One of Lavoie's attorneys in this case, Kirk Tousaw, said they intend to appeal the decision.

«We intend to appeal this disappointing decision and continue our fight to ensure that Manitobans can enjoy the same freedoms as other Canadians,» said Kirk Tousaw at StratCann.

«Although we intend to appeal this decision, it is important to emphasize that Manitobans should not have to go to court to challenge bad laws. The government should amend them, and we hope that the new New Democratic Party government will reverse the poor policy choices made by its predecessor.»

In April of this year, the Supreme Court of Canada upheld a a similar ban on home-grown cannabis in Quebec, arguing that the province had the authority to enforce such a ban, despite federal rules allowing up to four plants per household.

Quebec and Manitoba were the only two provinces to completely ban home cultivation, as was the territory of Nunavut. While Quebec’s rules impose fines on individuals found growing cannabis, Manitoba’s ban imposes criminal penalties and a fine of 2,542 $ for growing cannabis for non-medical purposes in a residence, as well as a prison sentence of up to one year and the forfeiture of personal property.