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Cannabis advocate urges Manitoba NDP to change rules as group appeals ban on homegrown plants [Video]

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Manitoba News

Cannabis advocate urges Manitoba NDP to change rules as group appeals ban on homegrown plants

For the complete story:
https://www.cbc.ca/news/canada/manitoba/homegrown-cannabis-group-appeals-ban-1.7131753

A cannabis advocacy organization is appealing a court decision that upheld a provincial ban on homegrown marijuana, saying the law infringes on federal jurisdiction and is unconstitutional.

Last October, a Manitoba Court of King’s ruled the province was within its rights to impose the regulation.

While the federal Cannabis Act, which legalized cannabis in 2018, states up to four marijuana plants can be grown at a residence at one time, it gives individual provinces the opportunity to impose further restrictions.

But weeks ahead of legalization in 2018, the then Progressive Conservative government in Manitoba introduced a ban on growing pot at home under the province’s Liquor, Gaming and Cannabis Control Act, introducing a $2,542 fine for doing so.

The not-for-profit organization TobaGrown — which provides some cannabis products sold at Manitoba’s dispensaries — challenged that ban in its August 2020 court case, arguing that the federal Cannabis Act doesn’t give provinces and territories the permission to implement a ban, and that the existing regulation is overly punitive.

They argued the ban was an “attempt to re-criminalize home cultivation” and the regulation veered into criminal law.

Justice Shauna McCarthy disagreed, calling the provincial regulation “a means of regulation and controlling access to cannabis in the interest of the public.”

In its appeal, TobaGrown said the decision should be reversed, arguing the King’s Bench judge made a legal error in that assessment.

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