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quebec marijuana growing laws

For now, residents are permitted to grow a maximum of four plants at home, as stipulated under federal legislation.

But he cautioned the province can still appeal the ruling, or rewrite the law to try to make the ban constitutional.

Quebec Superior Court Justice Manon Lavoie ruled Tuesday the provincial law prohibiting Quebecers from growing cannabis for personal use is unconstitutional.

Quebecers are free to grow cannabis at home, at least for now.

Lawyer who led challenge says those wanting to grow should hold off for now

Quebec's cannabis law, which included a ban on home-growing, was passed in June 2018 under the previous Liberal government.

Fortier called the judge's ruling "very technical."

She said the ban amounts to criminal legislation, which is under federal jurisdiction.

The Coalition Avenir Québec government still plans to amend the law to raise the legal age of consumption from 18 to 21.

Julien Fortier, the lawyer who led the challenge, said those wanting to grow cannabis at home can now do so legally.

Quebec marijuana growing laws

In June of 2019, the Quebec Superior Court agreed, and declared that Quebecers could possess and grow cannabis plants for personal use. This meant that it became legal in Quebec.

So, growing cannabis for personal purposes has gone back to being illegal in Quebec.

However, the story doesn’t end there. The Quebec government appealed that decision to the Quebec Court of Appeal.

2 nd step: Challenge

Canada first legalized cannabis in 2018. With the legalization of cannabis, the federal government set some minimum national standards. For example, Canadians would be allowed to grow a maximum of 4 cannabis plants per person.

A citizen decided to contest the ban against possessing a cannabis plant and growing cannabis for personal purposes. He argued that the province did not have the power to ban Quebecers from possessing a cannabis plant and growing cannabis for personal purposes because the federal government allowed growing up to 4 plants.

3 rd step: The Court of Appeal renders its decision

However, each province would be free to make their own rules surrounding cannabis. For its part, Quebec decided that it would make it illegal to posses a cannabis plant and grow any cannabis for personal purposes. However, that doesn’t mean that it’s criminal. Breaking the law by growing cannabis could land you a fine, like a speeding ticket.

The Court of Appeal recently declared that the lower court decision was incorrect. The court declared that the province had the power to ban Quebecers from possessing and growing any cannabis plants.