The Supreme Court's Ruling

In a ruling handed down on April 14, 2023, penned by Chief Justice Richard Wagner, the Supreme Court of Canada, the country's highest court, ruled on the contested matter of growing cannabis plants at home for personal use.

The Case's Judicial History

After the Superior Court declared these provisions constitutionally invalid, the Court of Appeal overturned the ruling and upheld their constitutional validity. The Supreme Court dismissed the appeal and reconfirmed that sections 5 and 10 of the (Québec) Cannabis Regulation Act, which were being challenged, are valid and operative.

The Challenged Provisions

The challenged provisions prohibit the possession of cannabis plants and their cultivation for personal use, whereas the (federal) Cannabis Act allows for the cultivation of up to four plants in one's home and the possession of cannabis or cannabis plants under certain circumstances.

Coexistence of Federal and Provincial Law

Even though federal law is more permissive — meaning it is no longer a criminal offence to possess or grow cannabis in Canada under certain circumstances — it has been confirmed that Québec may still validly restrict or prohibit its possession or cultivation, subject to fines. These approaches can coexist under the ruling handed down by the Supreme Court.

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