Manitoba’s Legal Battle Over Homegrown Cannabis

A cannabis advocacy group is currently challenging a court ruling that supports a Manitoba law prohibiting the cultivation of cannabis at home, arguing that this provincial law conflicts with federal rights and is unconstitutional.

In October, the Manitoba Court of King’s Bench ruled that the province has the authority to enforce a ban on cultivating cannabis plants at home.

The federal Cannabis Act of 2018 legalizes the cultivation of up to four cannabis plants per household but allows provinces to implement additional restrictions.

Before cannabis legalization in 2018, Manitoba’s previous Progressive Conservative administration enacted a prohibition on home cannabis cultivation under the province’s Liquor, Gaming and Cannabis Control Act, imposing a penalty of $2,542 for violations.

The nonprofit group TobaGrown, which supplies certain cannabis products to Manitoba dispensaries, contested this ban in a 2020 lawsuit. TobaGrown argues that the federal Cannabis Act does not authorize provinces and territories to enforce a complete ban and claims that the current regulation excessively penalizes individuals.

Justice Shauna McCarthy upheld the provincial regulation, stating it was a method of regulating and limiting access to cannabis for public safety.

TobaGrown has appealed this decision, claiming that the judge erred in her judgment.

The founder of TobaGrown, Jesse Lavoie, highlighted the contrast between Manitoba’s situation and a Quebec Supreme Court ruling that maintained a similar ban in Quebec, attributing Quebec’s decision to its control over cannabis distribution and sales.

Lavoie emphasized the challenges TobaGrown faces in its legal fight against the provincial ban, despite investing $135,000 in the case, mostly from personal funds.

In the meantime, TobaGrown has reached out to Premier Wab Kinew, who previously expressed opposition to the provincial cannabis regulations, for support in overturning the ban.

The NDP government, elected last October, has not commented on the ongoing legal battle. However, Lavoie remains hopeful, citing past promises of support from the party and stating that the lawsuit remains their only leverage to potentially change the provincial cannabis regulations.

The group’s persistence underscores the broader debate over cannabis regulation and rights at the provincial versus federal levels in Canada.