Legal Chronicles

Cannabis: Certain articles of the Quebec law invalidated by the Superior Court

Cannabis: Certain articles of the Quebec law invalidated by the Superior Court

Cannabis: Certain articles of the Quebec law invalidated by the Superior Court

On September 3rd, 2019, the Superior Court of Quebec struck down sections 5 and 10 of the provincial cannabis law. Section 5 of the Act prohibited the possession of a cannabis plant while section 10 prohibited the cultivation of cannabis for personal use.

The Court considers that Quebec cannot modify the criminal law that is under federal jurisdiction to prohibit the production of the plant that is now legal in Canada. Quebec’s jurisdiction of healthcare cannot therefore be invoked to prohibit the production of cannabis for personal use.

The invalidation of the two Quebec articles ensures that the federal law will apply until the Québec government proposes new legal restrictions or challenges the decision of the Superior Court. The legal regime thus becomes that of Canadian law that allows the production of up to four (4) cannabis plants for the personal consumption of an adult.

 

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