People in Quebec are now free to grow marijuana at home, for the time being at least.
Manon Lavoie, Quebec Superior Court Justice on Tuesday ruled that Quebec’s provincial law forbidding cultivation of marijuana at home unconstitutional. She said that the legislation actually infringed the federal jurisdiction, which has the sole responsibility of legislating criminal matters.
The court invalidated the sections of Quebec’s marijuana law that prohibited cultivation of marijuana plants for personal use.
The lawyer who challenged the provincial law, Julien Fortier said that the people who wish to grow marijuana plants at home for personal purposes can do it now legally.
According to Fortier, the ruling of the judge was very technical.
However, he cautioned that the province may still file an appeal to the Tuesday’s ruling, or even rewrite the legislation in an attempt to get cannabis ban constitutional.
Notably, the federal laws permit citizens of Canada to cultivate up to 4 marijuana plants in their home; however, Quebec opted to legislate in opposition to home cultivation last June. The CAQ (Coalition Avenir Quebec) government still has plans of amending the legislation in an effort to elevate the legal consumption age limit to 21 from 18 years.