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Supreme Court says Quebec’s ban on homegrown cannabis plants is constitutional

April 14, 2023  By The Canadian Press

Ottawa — Canada’s high court says Quebec’s ban on possessing and cultivating cannabis plants for personal purposes is constitutional.

The Supreme Court of Canada says the province has jurisdiction to pursue public health and security objectives by prohibiting homegrown marijuana plants.

It says Quebec’s rules don’t frustrate the purpose of the 2018 federal Cannabis Act, which permits people to grow or own up to four cannabis plants at home.

Chief Justice Richard Wagner says Quebec’s ban has the same objective as the federal law, which is to reduce the presence of criminal organizations in the cannabis market and restrict growing marijuana at home.


The unanimous decision dismisses an appeal brought by Janick Murray-Hall, a Quebecer who had challenged the provincial ban successfully before Quebec’s Superior Court.

Quebec’s attorney general appealed that decision and won, and Murray-Hall appealed to the Supreme Court.

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