Quebec Files Appeal After Court Strikes Down Home Grow Ban

The government is moving forward with a legal challenge after a judge ruled that the province cannot ban its citizens from growing their own adult-use cannabis at home.

Quebec And Canada Flag Adobe Stock Credit Kristina Resized
Kristina | Adobe Stock

Quebec has filed an appeal to challenge a court’s ruling that the province cannot ban its citizens from growing their own adult-use cannabis at home.

Premier François Legault said he intends to “go all the way to ensure that the courts allow us to do what we think is best for Quebecers,” according to a Global News report.

The appeal comes after Quebec Superior Court Justice Manon Lavoie’s ruling last month that the province’s ban on home cannabis cultivation was unconstitutional. Lavoie argued that criminal legislation is the federal government’s responsibility, and that provinces may not have the jurisdiction to circumscribe Ottawa's criminal definitions regarding cannabis.

Quebec included the home grow ban in its 2018 cannabis regulations, although federal law allows residents to grow up to four cannabis plants at home.

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