The Supreme Court of Canada will examine the constitutionality of the Quebec law which prohibits the cultivation of cannabis for personal purposes while cannabis is legal at the federal level and in each province.
Four years ago, the Government of Canada legalized cannabis, allowing anyone of legal age to grow up to four cannabis plants per residence for their own use.
However, Quebec’s Cannabis Regulation Act prohibits possession of cannabis plants and cultivation for personal use in the province.
Janick Murray-Hall, a Quebec citizen, successfully challenged the province’s law, which was declared unconstitutional in 2019 by the province’s Superior Court on the grounds that it infringed on federal jurisdiction.
However, the decision was overturned last year by the Quebec Court of Appeal, prompting Murray-Hall to head to the Supreme Court.
The High Court has not given reasons for agreeing to hear the appeal, and no hearing date has yet been set.
The office of Quebec Justice Minister Simon Jolin-Barrette said no comment would be made “given the ongoing legal process.”
“That being said, Quebec will always defend its jurisdictions. The law in question aims to protect the health and safety of the population, in particular that of young people,” said the Minister’s press attaché, Élisabeth Gosselin, in an email sent to The Canadian Press.