Canadian Judge Says Quebec Can not Prohibit Dwelling Cultivation

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MONTREAL — A court has invalidated the provisions of Quebec’s cannabis law prohibiting dwelling cultivation of the drug.

Quebec Superior Court Justice Manon Lavoie ruled Tuesday that Quebec’s legislation infringed upon the jurisdiction of the federal government, which has sole duty for legislating on criminal matters.

The judge ruled unconstitutional the sections of the Quebec Cannabis Regulation Act prohibiting the possession and the cultivation for individual purposes of cannabis plants.

The selection suggests it is now legal to develop cannabis plants at dwelling in Quebec, but the lawyer who argued the case on behalf of a man looking for to strike down the sections cautioned against a rush to plant cannabis.

Julien Fortier stated the province’s lawyers could appeal and ask that the contested provisions stay in force for the duration of the appeal.

Federal law enables Canadian citizens to develop up to 4 cannabis plants at dwelling, but Quebec chose in June 2018 to legislate against dwelling cultivation.

The Canadian Press:  https://www.citynews1130.com/2019/09/03/judge-strikes-down-quebec-law-forbidding-dwelling-cultivation-of-cannabis/

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