While federal legislation allows individuals to cultivate a maximum of four plants, Quebec and Manitoba imposed bans on any such activity.
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The Supreme Court of Canada on Thursday announced it will hear a challenge to a Quebec law banning the cultivation of cannabis for personal use.
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The high court’s decision will determine whether Quebec’s ban — adopted at the same time as the federal government’s coast-to-coast legalization of cannabis — is unconstitutional.
That is the argument maintained by Janick Murray-Hall in his case against Quebec’s attorney general. Under federal legislation, individuals can legally grow their own cannabis as long as they do not cultivate more than four plants.
A Quebec Superior Court judge upheld Murray-Hall’s challenge, but the province appealed that decision and won.
The legalization of cannabis was a key promise by the federal Liberals during the 2015 election campaign. However, the federal law was tempered by various provincial legislations, with Quebec and Manitoba deciding to impose a ban on cannabis cultivation for personal use.
The office of Quebec justice minister Simon Jolin-Barrette declined to comment on the appeal as it is still before the courts, but said “Quebec will always defend its jurisdiction. The law in question is to protect to health and safety of the population, in particular youth.”
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