Quebec will appeal court ruling that allowed cannabis plants to be grown at home

Gavel, law books and scales of justice

The Quebec government says it will appeal a decision invalidating parts of Quebec's cannabis law that prohibited home cultivation.

On Sept. 3, Quebec Superior Court Justice Manon Lavoie ruled Quebec's legislation infringed upon the jurisdiction of the federal government, which has sole responsibility for legislating on criminal matters.

The judge ruled unconstitutional the sections of the Quebec Cannabis Regulation Act prohibiting the possession and the cultivation for personal purposes of cannabis plants.

Federal law allows Canadian citizens to grow up to four cannabis plants at home, but Quebec chose in June 2018 to legislate against home cultivation.

Lionel Carmant, the junior health minister, says the province supports a public health approach and wants to avoid trivializing the use of cannabis.

He says Quebec's stance is different than the rest of Canada.