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Canada: Quebec warns that growing cannabis at home will still be illegal Philip Authier Montreal Gazette Wednesday 20 Jun 2018 Growing pot at home in Quebec could land you with a ticket from police, a Quebec minister warned Wednesday, because the provincial cannabis law will prevail in Quebec. Further, Lucie Charlebois questioned why Quebecers would even bother cultivating at home when the federal legislation will make high-quality legal product available in a few months at a government run cannabis store around the corner. One day after the federal bill legalizing the purchase and consumption of recreational marijuana was adopted by the Senate, Charlebois said she wanted to remind Quebecers that growing pot at home is not legal and will not be legal for the foreseeable future. “I say to Quebecers, the law was adopted in Quebec and it says zero plants,” Charlebois said arriving for a meeting of the Quebec cabinet. “I say to Quebecers, be vigilant. It’s the Quebec law which prevails. Manitoba and us have this rule.” Charlebois noted herself that Ottawa appeared to soften its tone Wednesday when it came to applying the law. Earlier in Ottawa, federal Justice Minister Jody Wilson-Raybould and federal Health Minister Ginette Petitpas Taylor, held their own news conference where they called the passage of Bill C-45 a historic moment for Canada because it puts an end to a century of prohibition. But confusion abounds. While Ottawa’s bill states Canadians can grow as many as four plants at home for their own consumption, Quebec’s bill applying the law, Bill 157, does not allow it. Wilson-Raybould, however, said Ottawa has no intention of contesting Quebec’s law but noted individual citizens may want to do just that. And that is what Charlebois said might happen, which means for now a provincial-government sponsored challenge to C-45 is ruled out. If a citizen challenge was to emerge, then Quebec would step in to defend its law, she said. “It’s very clear we will have to defend ourselves if we are challenged,” Charlebois said. “Right now it’s the citizen who is impacted by Ottawa’s haziness. “Remember our public health officials have said be very careful to not make the product overly available to not increase consumption. “I think four plants at one address or for a couple is a lot of cannabis. Secondly, how can you be sure (of a safe environment) when there are children around? A pot plant is pretty big. It does not fit in a locked medicine chest.” Charlebois said it will be up to the police to enforce the no-home-growing rules. “If your neighbour denounces you, you will get a ticket,” Charlebois said. “Why do you want to pay a ticket instead of buying it (cannabis) at the store where we will sell that product at a competitive price? “So get down to the Société québécoise du cannabis (the province’s new sales outlets).” The fine would be similar to those imposed for violations of Quebec’s tobacco laws, she said. But Charlebois deplored the fact citizens might have to spend money in the courts over the issue. Quebec’s bill will be up for review in three years and could be changed. Her comments mirror those of Premier Philippe Couillard on Tuesday. Couillard said he was very disappointed the Commons didn’t agree with a proposal from the Senate to leave some flexibility in the plan so the provinces can decide about people growing marijuana at home. “We will affirm our jurisdiction if it needs to be taken to court, which I find regrettable,” Couillard said. “I find the Senate had a good solution to allow provinces to decide on their own — not on the Criminal Code aspect, which is federal, but on the distribution and the way we manage the product in Quebec. “I think (this policy) is supported by a significant proportion of the Quebec population. I would have wished the federal Parliament agree with us on that,” Couillard said. “If they don’t, we will affirm our jurisdiction. Eventually, if we have to defend it in the courts, we will do so.” Ottawa said it will be two or three months before its law is implemented. pauthier@postmedia.com http://montrealgazette.com/news/quebec/quebec-vows-to-fight-ottawas-pot-bill-in-the-courts
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