On September three, 2019 Quebec’s Superior Court ruled in Murray Hall v. Procureure générale du Québec that Quebec’s prohibition on household cultivation of cannabis is unconstitutional.
The Federal Cannabis Act, which entered into force on October 17, 2018 ended the criminal prohibition of cannabis possession and, as nicely as building a regime to regulate the industrial production and sale of cannabis, authorizes Canadians to develop up to 4 cannabis plants in their residences. Quebec on the other hand banned all possession of cannabis plants for the purposes of private cultivation (unless particularly authorized for healthcare purposes by Wellness Canada) in its Cannabis Regulation Act, which came into force at the very same time as the federal Cannabis Act.
Eight days right after the coming into force of the respective federal and provincial acts, Janick Murray Hall, filed a motion to have the provincial ban on household cultivation declared unconstitutional.
In her choice, Justice Manon Lavoie of Quebec’s Superior Court ruled that the provincial prohibition on possession of cannabis plants for private cultivation was in pith and substance developed solely to restrict access to cannabis, an objective inside the federal government’s exclusive jurisdiction more than criminal law matters and as a result ultra vires of Quebec’s legislative authority more than house and civil rights or matters of a neighborhood or private nature inside the province. It remains to be noticed irrespective of whether the choice will be appealed by the province or irrespective of whether related challenges will be profitable in Manitoba which has also banned household cultivation of cannabis.
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