A Manitoba man has filed a constitutional challenge over the province’s rules about growing pot at home.
Jesse Lavoie filed the notice of application on Wednesday, naming the government of Manitoba, the attorney general of Manitoba and the attorney general of Canada in his challenge.
In the notice, Lavoie claims the province had no right to ban the federal government’s rule that allows four cannabis plants to be grown at home.
“Every province or territory that allowed a form of residential cultivation of cannabis has continued to do so since the Cannabis Act came into effect,” reads the notice, adding that a similar ban in Quebec was struck down as unconstitutional one year later.
Should Lavoie be successful, the rule will be struck down.
The Cannabis Act came into effect across Canada on Oct. 17, 2018. The act created a legal framework for controlling the production, distribution, sale and possession of cannabis.
Every province has the authority to say how cannabis is distributed, but Manitoba is now the only province in Canada with a complete ban on growing pot in a residential home.
The province’s Progressive Conservative government has traditionally been against the legalization of cannabis, citing a lack of research into the health effects of smoking pot, especially in teens.
Global News has reached out to the province for comment.
In Manitoba, there are five major rules around pot:
- You must be 19 years old or older to buy cannabis.
- You can’t smoke or vape cannabis in public.
- You can’t grow cannabis at home.
- You can carry a maximum of 30 grams of cannabis on you while in public.
- Don’t drive while high.