The country’s highest court ruled in favor of Quebec’s provincial government, which banned home-grown cannabis plants after Canada legalized weed federally in 2018.
Federal law states that a limited number of plants grown at home for personal use are legal, but Quebec law prohibits this.
In the ruling released Friday, the court said the provincial ban is intended to “ensure the effectiveness of the state’s monopoly on the sale of cannabis to protect the health and safety of the public,” rather than to counter the federal law.
The ban was first challenged by Janick Murray-Hall in 2019. He won in the Quebec Supreme Court, but that ruling was overturned by the province’s appeals court, which took it to the Supreme Court of Canada.
Quebec Justice Minister Simon Jolin-Barrette said the provincial laws governing cannabis are aimed at protecting the health and safety of Quebecers, especially young people.
“We are pleased with the Supreme Court ruling confirming Quebec’s full capacity to act on this matter,” he said on Twitter.
Other provinces, including British Columbia and Ontario, intervened in the case to support Quebec, given that the issue could have an impact on whether provincial or federal legislation could take precedent in the eyes of the court.
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