Supreme Court rules Quebec law banning homegrown cannabis is constitutional

Quebec’s ban on possessing and cultivating cannabis plants for personal purposes is constitutional, Canada’s high court ruled Friday.

The Constitution allows Quebec to implement the restrictions, which do not frustrate the purpose of the federal Cannabis Act, the Supreme Court of Canada said in a unanimous ruling. The federal law permits people to grow or own up to four cannabis plants at home.

“The provincial act’s public health and security objectives and its prohibitions are, to a large degree, in harmony with the objectives of the federal act, and there is no basis for finding a conflict of purposes,” Chief Justice Richard Wagner wrote for the court.

Canada adopted the Cannabis Act in 2018, decriminalizing the recreational use of cannabis across the country. Quebec responded soon after with its own law, prohibiting possession of a cannabis plant, with fines ranging from $250 to $750.

“We’re very proud of the job we did, but of course, we would have liked the decision to be something else. But, you know, it’s the highest court in Canada. As a jurist, you know, we have to defer to this court,” said Maxime Guérin, principal attorney of Groupe SGF, Cannabis Consultant.

The high court said Quebec’s law is a valid use of its powers regarding subjects under exclusive provincial jurisdiction: property and civil rights, and matters of a merely local or private nature.

“I think it would be nice to save some money. But afterwards, it could be dangerous. I like the idea that it’s managed by the SQDC,” said Mathieu Costabello.

Wagner wrote that Quebec’s marijuana legislation has a different approach compared with the federal law but shares the same objectives – to reduce the presence of criminal organizations in the cannabis market and restrict homegrown marijuana.

“It’s kind of sad because like weed is getting more legal, people got that for help them to help them move and stuff and like if they grow, it doesn’t mean they’re going to sell it,” said Matthew, a Montreal CityNews spoke with.

The court said the prohibitions under Quebec’s law are meant to ensure the effectiveness of the state-run cannabis monopoly, which is designed to prevent and reduce harm from marijuana by limiting consumers’ options.

“The provincial legislature was of the view that, by contributing to the creation of a single market, the absolute prohibitions against possession and cultivation at home would serve to limit trafficking in cannabis from unauthorized sources,” Wagner wrote.

“Furthermore, it is not this court’s role to decide which of the two approaches – prohibiting personal production or tolerating it – is most likely to reduce illicit activities in relation to cannabis.”

In addition to Quebec, Manitoba also has a similar ban in place on homegrown cannabis.

“I think it would be nice to save some money. But afterwards, it could be dangerous. I like the idea that it’s managed by the SQDC,” said Mathieu Costabello.

“We can still ask the government to change its law because they have the opportunity to do so. They have a very restrictive approach at this time, but they could be a bit less restrictive and permit, just like in other provinces, maybe one plan or four plans that are hidden in your backyard or stuff like that. So there is hope, there are opportunities where the government could change their mind,” said Guérin.

The Supreme Court’s decision dismisses an appeal brought by Janick Murray-Hall, a Quebecer who had challenged the provincial ban successfully in 2019 before Quebec’s Superior Court, arguing that federal law should prevail over the provincial ban.

Quebec’s attorney general appealed that decision and won in September 2021; Murray-Hall then appealed to the Supreme Court.

Murray-Hall’s lawyer, Maxime Guerin, told The Canadian Press the ruling enshrines the principle that Quebec can associate cannabis with public health.

“It confirms Quebec’s right to be a little independent or different in its way of approaching this question,” Guerin said Friday. “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.”

Justice Minister Simon Jolin-Barrette said in a tweet Friday the provincial government is satisfied with the decision.

“The Cannabis Regulation Act aims to protect the health and safety of Quebecers, especially our young people,” Jolin-Barrette wrote, adding that the ruling confirms “the full capacity to act of Quebec in this matter. Quebec will always defend its competencies.”

An association representing Quebec rental property owners and managers also said they were relieved with the ruling and called on the law to be rigorously enforced in the province.

The organization noted that cultivating plants requires high levels of humidity that result in property damage and mould issues, leading to higher repair costs.

-With files from Alyssia Rubertucci, CityNews