Manitoba won't budge on allowing residents to grow cannabis at home

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Manitoba won't budge on allowing residents to grow cannabis at home

A Manitoba judge recently backed the province's no-go on folks growing their own cannabis. This verdict came after a resident took a shot at challenging the legality of Manitoba's homegrown cannabis ban. It's important to note that this ban doesn't apply to those who have a green light for medical cannabis cultivation; it's all about folks who want to raise up to four cannabis plants at home, which is allowed under federal law.

Jesse Lavoie, the resident who took this to court, argued that Manitoba's ban crossed the line and was unconstitutional. In their defense, the province claimed that this ban was all about safeguarding public health and keeping the black market away from homegrown cannabis, especially from the hands of the youth.

While the court showed some sympathy for Lavoie's arguments, the judge, Shauna McCarthy, ultimately sided with the Manitoba government. She stated that the penalties, while strict, didn't overstep the balance between provincial and federal authority, allowing Manitoba to maintain its homegrown cannabis ban, even though federal laws permit home cultivation.

Lavoie's lawyers, Kirk Tousaw and Jack Lloyd, plan to appeal the decision and continue their fight for Manitobans to enjoy the same freedoms as other Canadians.

It's also worth mentioning that the Supreme Court of Canada upheld a similar homegrown cannabis ban in Quebec earlier this year, reinforcing the provinces' authority in this matter. Quebec and Manitoba were the only provinces to challenge this authority, opting for a full ban on home cultivation, with Manitoba imposing criminal penalties and hefty fines for non-medical cannabis cultivation at home.

In summary, this court decision upholds Manitoba's ban on home cannabis cultivation, despite the opposing arguments, and the legal battle is set to continue through the appeals process. The previous Conservative government in Manitoba established these cannabis laws, but the Manitoba NDP, which took power in a recent election, had expressed opposition to the home cultivation ban before their win. StratCann reached out to them for comment, but they were not immediately available for a response.

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