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Manitoba judge upholds province’s ban on homegrown non-medical cannabis

Justice Shauna McCarthy, of the Court of King's Bench, has rejected a claim that the ban was unconstitutional and an infringement on federal jurisdiction. THE CANADIAN PRESS/Tijana Martin

A Manitoba judge has upheld the province’s ban on homegrown non-medical cannabis.

Justice Shauna McCarthy, of the Court of King’s Bench, has rejected a claim that the ban was unconstitutional and an infringement on federal jurisdiction.

The case dates back to 2018, when the federal government decriminalized cannabis possession and allowed people to grow up to four plants at home for recreational use.

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The Manitoba government enacted a law to ban homegrown recreational cannabis, saying the ban is an important part of the province’s approach to regulating and controlling access.

Jesse Lavoie, a cannabis advocate, took the matter to court and said the province was overstepping its bounds by going further than the federal law.

However, the judge ruled the province is within its rights to impose the ban.

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