- Previously, it was against the law for people in Quebec to grow marijuana plants at home.
- However, the rest of Canada has been allowed to grow up to 4 plants for personal cultivation since legalization.
- A judge has just overturned the sections disallowing Quebeckers from growing plants, making home cultivation of marijuana legal in Quebec.
Ah, October 17th... like 420 but for Canadians. On this day we get to celebrate the great decision to legalize the recreational use of marijuana across the country.
UPDATE: This article has been updated to reflect new information and conflicting reports in this developing story.
However, for people across the country, the reality of legalization has varied widely, depending on where you are. Some provinces opted for crown corporations to sell the green stuff, while others opted for a closed market.
And notably in Quebec, we weren't allowed to own 4 plants for home growing and cultivation despite it being legalized federally.
But a new ruling by the Quebec Superior Court* has found that ban unconstitutional.
Homegrown cultivation has been legal in most provinces since the legalization of recreational marijuana on October 17th of last year, but Quebec opted to forbid the practice.
Section 5 and 10 of the Cannabis Act has just been overturned by Judge Manon Lavoie, meaning that Quebeckers may be permitted to grow 4 plants in their home, as the rest of the country is.
According to the judge, these sections, which were in place to prohibit the personal cultivation of plants, present in Quebec law clearly contradict the federal law, according to the Journal de Montreal.
This means, then, that these sections were unconstitutional, as they contradict the rights put forth by federal criminal law.
But there have been conflicting reports about the legality of home cultivation after the ruling. La Presse and Journal de Montréal state that the new ruling makes homegrown cultivation "possible."
The CBC initially reported that the ban remained in place, but now confirms that homegrown cultivation is now legal in the province.
The ban will persist if the case is appealed, says La Presse... which could be likely considering the current Quebec government's feelings toward the substance.
The Quebec Attorney General attempted to argue that the sections disallowing Quebec citizens from cultivating their own marijuana plants were in place to protect public health and safety.
The Attorney General of Quebec also attempted to ask for a suspension of the invalidation of these sections, which was ignored for now but could happen just as easily as an appeal.
We'll keep you posted with details as they arrive.
*This article has been updated.