Canadian Supreme Court Upholds Quebec’s Ban on Cannabis Home Grows

The Canadian Supreme Court last week ruled that Quebec’s ban on home cannabis cultivation is constitutional despite federal law allowing four plants to be grown by individuals for personal use, Reuters reports. The court’s ruling said the prohibition on home growing is intended to “ensure the effectiveness of the state monopoly on the sale of cannabis in order to protect the health and security of the public.”  

“The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply.” — The Supreme Court ruling via CBC  

The home cultivation ban challenge was brought by Janick Murray-Hall in 2019. Murray-Hall won in Quebec’s Supreme Court, but the ruling was overturned by the province’s court of appeals, leading to the Supreme Court of Canada case.  

On Twitter, Quebec Justice Minister Simon Jolin-Barrette said officials “are satisfied with the judgment of the Supreme Court confirming Quebec’s full capacity to act in the matter,” the report says.   

In Quebec, fines for home growing run between CAD$250 and CAD$750. 

Maxime Guérin, Murray-Hall’s attorney, told the CBC that “There is certainly some disappointment, but it is the decision of the highest court, it’s a constitutional decision and we don’t have much choice but to rely on this.” 

The ruling by the court was unanimous.