Quebec files appeal after judge strikes down law forbidding homegrown cannabis

The province wants to ban homegrown cannabis. Ryan Remiorz/The Canadian Press

The Quebec government is moving forward with a legal challenge after a court struck down the provisions of the province’s cannabis law banning citizens from growing their own recreational marijuana.

The announcement was made Thursday by Lionel Carmant, the province’s junior health minister, during a scrum with reporters.

Premier François Legault vowed he is willing to “go all the way to ensure that the courts allow us to do what we think is best for Quebecers.”

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

In September, Quebec Superior Court Justice Manon Lavoie ruled the Coalition Avenir Québec government’s legislation on pot infringed upon the jurisdiction of the federal government. In the ruling, Lavoie notes Ottawa is solely responsible for legislating on criminal matters.

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Home cultivation of pot has been an issue between Quebec and Ottawa 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.

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

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

At the time of the ruling, Legault said he was surprised by the decision but his government wasn’t ruling out a legal challenge.

Click to play video: 'Pot and fertility'
Pot and fertility

— With files from The Canadian Press


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