Quebec to appeal ruling authorizing self-cultivation of cannabis

The Quebec government will appeal a court ruling handed down in September which holds that the ban on growing cannabis at home is unconstitutional. Last month, Quebec Superior Court Judge Manon Lavoie ruled that the ban amounted to a criminal law, which therefore falls under federal jurisdiction.

Under Canada's federal cannabis law, the Canadians are allowed to grow up to four plants at home, but Quebec has banned home cultivation under its provincial authority.

Following this decision, the attorney who brought the case, Julien Fortier, described it as «highly technical» and warned that the government could appeal or attempt to amend the law in a manner consistent with the Constitution.

Quebec Premier François Legault explained that the government will «go to any lengths to ensure that the courts allow us to do what we believe is best for Quebecers.» He added that Quebec’s two main parties, Coalition Avenir Québec and the Liberals, agree on the ban.

Quebec Health Minister Lionel Carmant stated that the province’s position differed from that of the rest of the country and that officials preferred a public health-based approach that avoided normalizing cannabis use. He added that landlords «believe that allowing cannabis cultivation at home could be bad for their properties.».

The Manitoba has also banned growing cannabis at home.

Among Canada's provinces, Quebec has taken a conservative approach to cannabis policy and legalization. In July, the government announced a ban on THC-infused candies and sweets and limits the dosage to 5 milligrams of THC per unit and 10 milligrams of THC per package. Infused beverages will be capped at 5 milligrams per container, and cannabis-based cosmetics will also be temporarily banned. The government is also considering raising the’the legal age for purchasing and using cannabis, raised from 18 to 21.