A group of cannabis advocates in Manitoba has filed an appeal against a court decision that upheld the province’s ban on growing cannabis at home. The group, called TobaGrown, argues that the ban is unconstitutional and infringes on federal jurisdiction.
Background of the case
The federal Cannabis Act, which legalized cannabis in 2018, allows Canadians to grow up to four plants at home for personal use. However, the act also gives provinces and territories the power to impose further restrictions on cannabis cultivation and consumption.
Manitoba and Quebec were the only two provinces that introduced a ban on homegrown cannabis in 2018 under their respective provincial laws. The ban in Manitoba carries a fine of $2,542 for anyone caught growing cannabis at home.
TobaGrown, a not-for-profit organization that provides some cannabis products sold at Manitoba’s dispensaries, challenged the ban in court in 2020. The organization claimed that the ban was an “attempt to re-criminalize home cultivation” and that it violated the division of powers between the federal and provincial governments.
Court decision and appeal
In October 2023, a Manitoba Court of Queen’s Bench judge dismissed TobaGrown’s application and ruled that the province had the right to ban homegrown cannabis in the interest of public health and safety. The judge said that the ban was not overly punitive or a violation of the constitutional balance between the two levels of government.
TobaGrown filed an appeal against the ruling on March 1, 2024. The organization said that the judge made a legal error in her assessment and that she relied heavily on a Quebec Supreme Court decision that upheld a similar ban in that province.
TobaGrown’s founder, Jesse Lavoie, said that the Quebec case was different from the Manitoba case because Quebec has a monopoly on cannabis distribution and sales, while Manitoba has a mix of private and public companies. He also said that the ban in Manitoba was more severe because it criminalized home cultivation, while the ban in Quebec only imposed a civil penalty.
Lavoie said that he hoped that the Manitoba Court of Appeal would reverse the lower court’s decision and recognize that Manitobans have the same right to grow cannabis at home as other Canadians.
Political implications
The ban on homegrown cannabis in Manitoba was introduced by the former Progressive Conservative government, which was in power from 2016 to 2023. The current NDP government, which won the election in 2023, has said that it does not support the ban and that it would review the policy.
Lavoie said that he urged the NDP government to change the law and to stop spending taxpayer dollars on defending the ban in court. He said that TobaGrown was open to a political solution, but that it was also committed to pursuing a legal challenge.
The NDP government has not yet commented on the appeal filed by TobaGrown. The hearing date for the appeal has not been set.