September 4, 2019 4:17 pm

Quebec won’t exclude appeal after judge strikes down law forbidding homegrown cannabis

The province's marijuana bill bans homegrown cannabis.

Joe Mahoney/The Canadian Press
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Quebec Premier François Legault won’t rule out a legal challenge after a court struck down the provisions of the province’s cannabis law banning citizens from growing their own marijuana.

“We are not excluding anything right now including filing an appeal, including tabling new bills,” said Legault on Wednesday.

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Quebec Superior Court Justice Manon Lavoie ruled Tuesday the Coalition Avenir Québec government’s legislation on pot infringed upon the jurisdiction of the federal government. The ruling notes Ottawa has sole responsibility for legislating on criminal matters.

READ MORE: Judge strikes down Quebec law forbidding home cultivation of cannabis

Under the federal law, there is a limit of four marijuana plants per household. As a result of Tuesday’s decision, Quebecers are now legally allowed to grow pot at home.

Legault, for his part, says he was surprised by the ruling but that his government isn’t necessarily going to back down.

“We are analyzing to see what recourse we have to put in place what we wanted to do,” he said.

READ MORE: Total people charged under home grow bans since legalization: One

The issue of home cultivation of pot has been anissue between Quebec and Ottawa ever since the federal government first legalized marijuana. When the Liberal government under Philippe Couillard tabled its long-awaited provincial legislation in 2017, it included a ban on growing cannabis for personal use.

Under Legault, the province tabled even stricter cannabis legislation earlier this year. Aside from prohibiting home-grown marijuana, it also proposes raising the legal age to purchase and consume cannabis from 18 to 21.

WATCH: Ontario cannabis store lottery may go to court

— With files from Global News’ Anne Leclair and The Canadian Press

© 2019 Global News, a division of Corus Entertainment Inc.

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