It is constitutional for Quebec to prohibit home cultivation of cannabis for personal use, despite a more “permissive” approach at the federal level, the Supreme Court ruled on Friday.
“In pursuit of public health and safety objectives, the Quebec legislature had jurisdiction to prohibit the possession and cultivation of cannabis for personal purposes,” it was summarized on the Supreme Court’s website.
Chief Justice of the Supreme Court, Richard Wagner, explained in the decision handed down on Friday that “the so-called more ‘permissive’ federal approach and the so-called more ‘restrictive’ Quebec approach can coexist on the legal plan within the Canadian federation”.
The latter also had good words about the Quebec approach.
According to him, the ban on home cultivation “likely makes it possible to protect the health of young people by restricting access to cannabis”, since “home cultivation by adults” is “likely to increase the accessibility of this substance by minors residing under the same roof”.
In other words, the court considers that home cultivation can be considered a “de facto” incitement to cannabis use among young people living under the roof where the plants grow there.
In addition, the Quebec ban on home cultivation “contributes to the quality control of the products offered”, since homemade cannabis is not subject to control of quality standards, such as concentrations of active compounds, THC and CBD.
“They clearly contribute to raising public awareness of the health risks posed by cannabis use, with the provision of information to consumers being facilitated by their integration into a regulated sales framework,” he added.
Thus, summarized the judge, the federal and provincial governments are moving in the same direction by making public protection the basis of their legislative approach.
The Quebec law, like the federal law, demonstrates a “concern” to reduce the criminal market. Even if it is “not within the jurisdiction of the court to judge which of the two approaches is the most suitable for the fight against crime, “it is enough to note that it is this same objective which has guided the legislative intervention of the two orders of government”, concluded the magistrate.
Quebec adopted the Cannabis Framework Act shortly after the federal government’s new Cannabis Act in 2018, which left the provinces the choice, in particular, to set their own commercial approach.
Federal law allows individuals to grow up to four cannabis plants at home, but Quebec law provides fines of $250 to $750 for people who grow cannabis at home.