Supreme Court to hear final arguments in challenge of Quebec’s home-grow ban Sept 15

[Zeedox]

Supreme Court to hear final arguments in challenge of Quebec's home-grow ban Sept 15 - StratCann

The case that will determine if it’s legal for people in Quebec to grow their own cannabis will get its final day in court on September 15.

stratcann.com

On that day the Supreme Court of Canada will be hearing the final arguments from lawyers on both sides of the issue, with Quebec’s lawyers arguing that the province has the right to ban growing (non-medical) cannabis at home while the opposing team argues the province does not have the right to do so.

Federal law also allows Canadians to grow cannabis under a cannabis for medical purposes authorization, and no provinces have resisted this rule, only non-medical home growing.

While federal law says Canadians can grow up to four cannabis plants at home under the federal Cannabis Act and Regulations, it also allows provinces to place restrictions on this right. Two provinces, Quebec and Manitoba both established their own regulations that prevented Canadians from exercising this right.

 

[Gomez Adams]

That it's nearly if not totally impossible to tell who's growing medical use vs. recreational use without a complete evaluation of every household in Canada makes the law impossible to enforce, hence it must be legal to grow pot at home.

Canada would literally have to turn it's entire system of law enforcement to doing nothing but home grow evaluations to ever be able to enforce such a law.

It's insane to "partly" legalize something. It's either legal or it isn't.

 

[Zeedox]

It's not just that. If they allow the law to stand it changes a whole history of province/federal separation of powers.
It could easily lead to change the whole dynamics of the Constitution we have and the inherent rights of individuals/provinces/feds. It would create a Constitutional crisis.

 

[Gomez Adams]

Ahhh. So it would be the same as our federal government trouncing state rights.

Here, the federal government can only do that if it involves interstate commerce. That's why "pot legal" states can't cross the state lines with any product.

I had assumed that Canada operated under the same basic premise.

 

[Zeedox]

Except in this case it's the province's trampling on federal rights. And you know what it'd be like if it was the other way around - they'd be screaming bloody murder.