On Sept. 3, Quebec Superior Court Justice Manon Lavoie ruled Quebec’s legislation infringed upon the jurisdiction of the federal government, which has sole responsibility for legislating on criminal matters.
The judge ruled unconstitutional the sections of the Quebec Cannabis Regulation Act prohibiting the possession and the cultivation for personal purposes of cannabis plants.
Federal law allows Canadian citizens to grow up to four cannabis plants at home, but Quebec chose in June 2018 to legislate against home cultivation.
Lionel Carmant, the junior health minister, says the province supports a public health approach and wants to avoid trivializing the use of cannabis.
He says Quebec’s stance is different than the rest of Canada.
After the decision came down, lawyers on both sides cautioned against immediately growing cannabis at home given the likelihood of an appeal.