Quebec Superior Court Justice Manon Lavoie ruled this week that a ban on at-home cannabis cultivation is unconstitutional. The thrust of Lavoie’s argument is that criminal legislation is the federal government’s responsibility; the province may not have the jurisdiction to circumscribe criminal definitions around cannabis activities.
However, as CBC News reports, the province could appeal this decision and keep the matter in litigation limbo.
Quebec included a home-grow ban in its 2018 cannabis regulations, which drew the legal challenges playing out now.
Falling back on federal law, in theory, residents may grow up to four cannabis plants at home.