Canada’s top court upholds Quebec’s ban on home-grown cannabis

April 14 (Reuters) – Canada’s Supreme Court on Friday ruled that the province of Quebec’s ban on domestically grown cannabis is constitutional, a blow to cannabis advocates who said it conflicted with a federal law , which allows a small number of plants grown for personal use.

The country’s top court sided with the Quebec provincial government, which banned cannabis plants grown at home after Canada legalized weed at the federal level in 2018.

Federal law states that a limited number of plants grown at home for personal use are legal, but Quebec law prohibits it.

In its decision released Friday, the court said the provincial ban was intended to “ensure the effectiveness of the state monopoly over the sale of cannabis to protect the health and safety of the public,” rather than to thwart federal law.

The ban was first challenged by Janick Murray-Hall in 2019. He won in the Quebec Supreme Court, but that ruling was overturned by the provincial Court of Appeals and brought before the Supreme Court of Canada.

Quebec Attorney General Simon Jolin-Barrette said provincial laws regulating cannabis aim to protect the health and safety of Quebecers, particularly young people.

“We are pleased with the Supreme Court’s ruling, which confirms Quebec’s full capacity to act on this matter,” he said on Twitter.

Other provinces, including British Columbia and Ontario, stepped in to support Quebec because the matter could affect whether provincial or federal legislation gains precedent in the eyes of the court.

Reporting by Moira Warburton in Washington; Edited by Chizu Nomiyama

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