{"id":579,"date":"2021-08-20T15:26:57","date_gmt":"2021-08-20T15:26:57","guid":{"rendered":"https:\/\/www.leafly.com\/wp-home\/?p=175540"},"modified":"2021-08-20T15:26:57","modified_gmt":"2021-08-20T15:26:57","slug":"manitoba-and-quebec-still-wont-let-you-grow-weed-at-home","status":"publish","type":"post","link":"https:\/\/thcinct.com\/?p=579","title":{"rendered":"Manitoba and Quebec still won\u2019t let you grow weed at home"},"content":{"rendered":"<p>  <title>Manitoba and Quebec still won&#8217;t let you grow weed at home | Leafly<\/title>     <!-- Quotes = strings--><!-- No quotes = boolean-->\t   <!-- This site is optimized with the Yoast SEO Premium plugin v15.9.2 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->                  <!-- \/ Yoast SEO Premium plugin. --> <\/p>\n<p> <!-- BEGIN Sailthru Horizon Meta Information --><\/p>\n<p><!-- END Sailthru Horizon Meta Information -->  <!-- Google Publisher Tag --> <!-- End Google Publisher Tag --> <!-- Google Tag Manager --> <!-- End Google Tag Manager --> <!-- Chartbeat --> <!-- End Chartbeat --><br \/>\n <!-- Google Tag Manager (noscript) -->   <!-- End Google Tag Manager (noscript) -->   <title>Leafly<\/title>     <title>Leafly \u00ae<\/title>                                                                                                                                                                                                                                                                                                                                                                                              <title>Loading\u2026<\/title>     <\/p>\n<div class=\"bg-white fixed flex hidden inset-0 items-start md:h-auto md:items-center overflow-auto\" id=\"age-gate-container\">\n<div class=\"bg-white md:h-auto mx-auto p-lg text-sm w-full\" id=\"age-gate\">\n<p><label for=\"select-country\">Where are you from?<\/label><\/p>\n<div class=\"age-gate__info\">\n<p><label for=\"select-province\">Which part of Canada?<\/label><\/p>\n<div class=\"age-gate__age hidden\"><\/div>\n<p class=\"error error--underage hidden\">Darn! You&#8217;re not old enough to use Leafly.<\/p>\n<p class=\"error error--unavailable hidden\">Sorry, Leafly isn&#8217;t available in your location yet.<\/p>\n<\/div>\n<p class=\"hidden age-gate__loading\">Redirecting you to<span class=\"redirect-domain\"><\/span><\/p>\n<p class=\"text-xs mt-auto\">By accessing this site, you accept<br \/>\nthe <a class=\"py-xl\" data-testid=\"tou-link\" href=\"https:\/\/www.leafly.ca\/info\/terms-of-use\">Terms of Use<\/a><br \/>\nand <a class=\"py-xl\" data-testid=\"pp-link\" href=\"https:\/\/www.leafly.ca\/info\/privacy-policy\">Privacy Policy<\/a>.<\/p>\n<\/div>\n<\/div>\n<div class=\"container my-xl\">\n<div class=\"row\">\n<div class=\"col md:col-9\" id=\"article-content\">\n<p>While federal Canadian law says Canadians are entitled to grow up to four cannabis plants per household, two provinces, Quebec and Manitoba, have denied this right to their citizens.&nbsp;<\/p>\n<p>Instead, both provinces argue they have the right to regulate not only how their residents grow cannabis, but also to to ban it entirely, invoking the need to keep it away from minors.&nbsp;<\/p>\n<p>So far both provincial laws stand, although two groups are actively challenging them. One, in Quebec, successfully challenged the law in 2019 and another in Manitoba is seeking to do the same later this year or early next.&nbsp;<\/p>\n<h2 id=\"h-the-2019-court-win-is-still-stuck-in-the-appeal-process\">The 2019 court \u2018win\u2019 is still stuck in the appeal process<\/h2>\n<p>In Quebec, a team representing a Quebecer named Janick Murray Hall successfully challenged his province\u2019s ban on growing cannabis at home in 2019 in a Quebec Superior Court. <\/p>\n<p>The judge in that case <a href=\"https:\/\/langlois.ca\/superior-court-overturns-quebecs-ban-home-grow-ops\/\" target=\"_blank\" rel=\"noreferrer noopener\">ruled against the provincial government\u2019s ban<\/a>, but the province quickly appealed the ruling, meaning their law stayed in place, pending appeal.&nbsp;<\/p>\n<p>That appeal has been in process since then, and the lead attorney on that case, Maxime Gu\u00e9rin, says he expects a ruling later this summer or fall.&nbsp;<\/p>\n<p>The same struggle has been slowly moving forward in Manitoba, as well. A Manitoba resident, Jesse Levoi, filed a challenge.<\/p>\n<h2 id=\"h-federal-vs-provincial-jurisdiction\">Federal vs. provincial jurisdiction<\/h2>\n<p>Part of the push and pull between the provinces comes down to an issue of how much control a province has over its own jurisdiction. <\/p>\n<p>Federal cannabis law is written under the criminal code. The legal precedent in criminal law in Canada is federal jurisdiction. The \u201cspirit\u201d of the federal regulations, argues the federal government, is to create an allowance for access to cannabis, including possession and growing. <\/p>\n<p>It places limits, such as not allowing more than four plants, and allows provinces jurisdiction over how those plants are grown, and how many.&nbsp;<\/p>\n<p>There are further restrictions as well. Property owners, landlords, and condo boards also have the right to place limits on whether or not cannabis can be grown on property, and municipalities can also place further limits on how and where cannabis is grown. <\/p>\n<p>These restrictions do not apply to most who are authorized to grow for personal medical use.<\/p>\n<h2 id=\"h-the-right-to-grow-four-plants\">The right to grow four plants<\/h2>\n<p>Banning growing cannabis entirely is against the spirit of federal law. Provinces can limit it, place restrictions on how it\u2019s done, but they can\u2019t prevent that right, which all Canadians are afforded, says the federal government. <\/p>\n<p>Still, Quebec and Manitoba disagree.&nbsp;<\/p>\n<p>So far, no other provinces have set a limit lower than four plants, but some do have rules around how they are grown. All provinces also require any cannabis grown comes from seeds purchased through their system. Or, perhaps, by a miraculously diverse bumper crop from your friend\u2019s legal plants.&nbsp;<\/p>\n<h3 id=\"h-rules-around-growing-cannabis-at-home-vary-by-province\">Rules around growing cannabis at home vary by province<\/h3>\n<p>While Manitoba and Quebec are the only provinces to ban homegrowing altogether, other provinces rule <em>how<\/em> you grow those four plants. <\/p>\n<p>British Columbians are required to keep plants out of view of the public. In New Brunswick and PEI, indoor plants have to be locked away, while outdoor plants must at least be behind a fence and out of public view. Newfoundland and Labrador don\u2019t allow cannabis to be grown outside at all.<\/p>\n<div class=\"my-xxl wp-block-leafly-blocks-leafly-related-articles\">\n<p><h2>Related articles<\/h2>\n<\/p>\n<\/div>\n<h2 id=\"h-attorney-says-banning-it-entirely-is-taking-it-too-far\">Attorney says banning it entirely is taking it too far<\/h2>\n<p>By not just placing limits on, but banning it entirely, says Gu\u00e9rin, they took it too far.&nbsp; Whether either side will appeal this ruling as well\u2014taking it to the Supreme Court\u2014 isn\u2019t clear, he says. <\/p>\n<p>While his team is prepared to, he says he\u2019s unsure the province would be willing to risk potentially losing in the Supreme Court and creating a precedent of this aspect of federal jurisdiction over Quebec\u2019s own rules.&nbsp;<\/p>\n<p>\u201cIf we lose in the court of appeal, we will go to the Supreme Court,\u201d explains Gu\u00e9rin. \u201cI still have some doubts that if we win the appeal, that the government will go to the Supreme Court because I think it\u2019s clear that we have a huge chance of success and I think the government is going to be aware of that. But it\u2019s still a possibility.\u201d<\/p>\n<p>As to why they\u2019ve even gone this far, he says he does think part of it is the typical struggle of provincial and federal politics, but there\u2019s also a dislike of cannabis itself.&nbsp;<\/p>\n<p>\u201cIn French, we have a very good expression that we are pulling the bed sheet: \u2018Tirer le bord de la couvert\u2019\u2014\u2019they try to take it all for them,\u2019\u201d he continues. \u201cWhat I mean by that is that yes, the provincial government for sure is trying to be a bit more independent, because that is always the fight.\u201d<\/p>\n<p>\u201cBut I also think that in the end they really don\u2019t like cannabis, so I think there is more of the hate of cannabis than there is them trying to make the argument on (distribution of powers), but there is a good mix of both.\u201d<\/p>\n<h2 id=\"h-overwhelming-public-and-political-support\">Overwhelming public and political support<\/h2>\n<p>Manitoban Jesse Levoie has also filed a constitutional challenge in 2020 to his province\u2019s ban on growing cannabis at home. With a court backlog due to covid, he says he expects it to make it to court late this year or early next. <\/p>\n<p>Manitoba has made <a href=\"https:\/\/www.blueline.ca\/manitoba-government-say-it-will-defend-its-right-to-ban-home-grown-pot-5539\/\" target=\"_blank\" rel=\"noreferrer noopener\">similar arguments<\/a> as Quebec in regard to their right to ban residents from growing cannabis, in order to protect kids.&nbsp;Levoie hopes to overturn that as well, and says they have been watching how things go in Quebec. <\/p>\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-large\"><img width=\"1024\" height=\"683\" alt class=\"wp-image-175727 has-ll lazyload\" data-srcset=\"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home-1.jpg,compress&amp;w=550 550w, https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home-1.jpg,compress&amp;w=740 740w, https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home-1.jpg,compress&amp;w=1100 1100w, https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home-1.jpg,compress&amp;w=1480 1480w\"><figcaption>As folks get ready to harvest their plants at home, two provinces are still prohibited from cultivation. (Adobe Stock)<\/figcaption><\/figure>\n<\/div>\n<p>In the meantime, he\u2019s been trying to draw attention to his cause, with events around Winnipeg, including a recent one in August to commemorate the one-year anniversary of him filing his challenge.&nbsp;<\/p>\n<p>\u201cWe have gained overwhelming public and political support for our cause,\u201d says Levoie. \u201cI am beyond grateful for everyone\u2019s support.\u201d<\/p>\n<h2 id=\"h-provinces-motivated-by-an-anti-cannabis-attitude\">Provinces motivated by an anti-cannabis attitude<\/h2>\n<p>Daniel Chornopyski with Chornopyski Law in Manitoba, Levoie\u2019s lawyer, says he won\u2019t speculate on any larger jurisdictional goals but says he thinks the province is certainly motivated by an anti-cannabis attitude.&nbsp;<\/p>\n<p>\u201cIt is clear enough from the Government of Manitoba\u2019s legislative approach and their response to this action, that they still view homegrown cannabis as a crime and punishment issue,\u201d says Chornopyski. <\/p>\n<p>\u201cI can\u2019t say why the current government has chosen to approach homegrown cannabis this way, but it is unfortunate given the clear direction from the Federal Government that homegrown cannabis is now legalized within stipulated parameters.\u201d<\/p>\n<p>As in Quebec, he suspects the Manitoba government will appeal any ruling that goes against their homegrow ban.&nbsp;<\/p>\n<p>\u201cThat largely depends on the government of the day, and what the Court will decide,\u201d he explains. \u201cIf the Court decides in our favour, and the current provincial government remains in office, I anticipate an appeal. <\/p>\n<p>\u201cWe hope this process does not take years to reach a final determination, but we aren\u2019t going anywhere until we exhaust every avenue in attempting to achieve justice for all Manitobans.\u201d<\/p>\n<div id=\"author-box\" class=\"p-lg my-xxl bg-white rounded border border-light-grey elevation-low\">\n<div class=\"mb-lg\"> <img decoding=\"async\" src=\"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home.jpg\" alt=\"David Brown's Bio Image\" class=\"lazyload inline-block mr-md rounded-full border border-light-grey\"> <\/p>\n<p>David Brown<\/p>\n<\/p><\/div>\n<p class=\"text-sm\">David Brown has been working in and writing about the cannabis industry in Canada since 2012. He was formerly the Editor in Chief and Communications Director for Lift Cannabis and Lift News, a Senior Policy Advisor for Health Canada&#8217;s cannabis legalization branch, and is the founder of StratCann Services Inc.<\/p>\n<p> <a class=\"text-sm font-bold underline text-green\" href=\"https:\/\/www.leafly.ca\/news\/author\/david-brown\">View David Brown&#8217;s articles<\/a> <\/div>\n<div class=\"leafly-sailthru-signup p-lg my-xl bg-white rounded elevation-low border border-light-grey\">\n<p class=\"text-xs pt-lg\">By submitting this form, you will be subscribed to news and promotional emails from <a href=\"https:\/\/www.leafly.com\">Leafly<\/a> and you agree to Leafly&#8217;s <a href=\"https:\/\/www.leafly.com\/company\/tos\">Terms of Service<\/a> and <a href=\"https:\/\/www.leafly.com\/company\/privacy-policy\">Privacy Policy<\/a>. You can unsubscribe from Leafly email messages anytime.<\/p>\n<\/div><\/div>\n<\/p><\/div>\n<\/div>\n<p> <!-- Chartbeat --> <!-- End Chartbeat -->  <!--\nPerformance optimized by W3 Total Cache. Learn more: https:\/\/www.boldgrid.com\/w3-total-cache\/ Served from: _ @ 2021-08-20 12:05:25 by W3 Total Cache\n--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Manitoba and Quebec still won&#8217;t let you grow weed at home | Leafly Leafly Leafly \u00ae Loading\u2026 Where are you from? Which part of Canada? Darn! You&#8217;re not old enough to use Leafly. Sorry, Leafly isn&#8217;t available in your location yet. Redirecting you to By accessing this site, you accept the Terms of Use and Privacy Policy. While federal Canadian law says Canadians are entitled to grow up to four cannabis plants per household, two provinces, Quebec and Manitoba, have denied this right to their citizens.&nbsp; Instead, both provinces argue they have the right to regulate not only how their&#8230; <\/p>\n","protected":false},"author":1,"featured_media":580,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-579","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-marijuana_information"],"jetpack_featured_media_url":"https:\/\/thcinct.com\/wp-content\/uploads\/2021\/08\/manitoba-and-quebec-still-wont-let-you-grow-weed-at-home.jpg","_links":{"self":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/579","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=579"}],"version-history":[{"count":0,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/posts\/579\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=\/wp\/v2\/media\/580"}],"wp:attachment":[{"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=579"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=579"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thcinct.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=579"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}