Supreme Court of Canada to review Quebec’s ban on ‘Homegrown’ Cannabis
The Cannabis Act of 2018 established rights for Canadian citizens to grow that own cannabis. The Act also enabled provincial governments to enact laws that govern the production, possession and sale of cannabis within their borders. Quebec and Manitoba chose to deny their residents the right to grow outlined in the Cannabis Act, and this choice has been met with staunch criticism and revolt.
In 2019, Janick Murray-Hall filed a case with the Supreme Court of Quebec claiming the provincial government did not have the authority to ban cannabis cultivation. The judge agreed the ban was unconstitutional, however the Attorney General of Quebec quickly appealed the decision on behalf of the province.
Currently with the Supreme Court of Canada, judges need to carefully consider their ruling, as their decision will have ramifications from coast to coast. Ultimately, should the Supreme Court rule in favor of Murray-Hall and the right of every individual to grow their own cannabis, it will establish that provinces do not have the latitude to alter or amend federal law for provincial purposes. It will also bring light to an important question for many Canadians, if federal and provincial laws are not compatible, which one prevails?
We will continue to keep you updated on the status of this case, and hope for a ruling that can further support the destigmatizing of cannabis.