Province to scrap homegrown pot ban

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This article was published 21/04/2024 (536 days ago), so information in it may no longer be current.

Manitoba’s NDP government is poised to lift the ban on growing recreational cannabis at home.

A government bill on the order paper — the Liquor, Gaming and Cannabis Control Amendment Act — that New Democratic Party Justice Minister Matt Wiebe is expected to introduce this week will eliminate the restriction, the Free Press has confirmed.

When the Canadian government decriminalized cannabis possession in 2018, the federal Cannabis Act allowed adults to cultivate up to four cannabis plants per household for recreational use.

Four months later, Manitoba’s government, then led by the Progressive Conservatives, amended provincial legislation to ban homegrown pot for recreational use. The province said at the time the ban was an important part of its approach to regulate and control access to cannabis and protect the public.

Jesse Lavoie, a cannabis advocate who also works in the industry, took the matter to court, arguing the ban was unconstitutional and infringed on federal jurisdiction. A Court of King’s Bench judge upheld the ban in October, saying the provincial government’s objective to protect health and safety fell under its jurisdiction.

Lavoie, who runs advocacy organization TobaGrown, is challenging the King’s Bench decision in the Court of Appeal. The appeal remains open, but Lavoie said Saturday he expects the Manitoba government to settle the matter.

He said he plans to “grow four big trees” of cannabis when the restriction is lifted.

“We’ve been working with the NDP for a while now to come to an agreement to settle outside of court,” Lavoie said of the lawsuit.

He had heard legislation to spike the restriction was expected in the coming weeks. Once it’s made law, Lavoie said, his organization’s lawyers will adjourn the appeal.

“It’s been a long four years of legal conflict with the Manitoba government, and it feels great to now be working with them on a settlement and not have to go back to court. We feel great over here,” Lavoie said. “We’re just very excited.”

He said challenging the Manitoba ban has been his “life for the past four years.”

Steven Stairs, founder of the Cannabis Business Association of Manitoba and a longtime legalization advocate, said the lifting of the restriction is a good thing. However, he wants more to be done for the industry and recreational users.

“It’s a great step forward. It’s a great step toward equalization, toward equitable cannabis law across the country, following suit with federal laws. But it doesn’t move the needle very much for sustainability for industry changes,” he said Saturday while at an annual 4/20 pro-cannabis protest event.

“It’ll allow retail stores to carry some seeds — great, more revenue. But the vast majority of Manitobans won’t be able to grow cannabis anyway.”

Stairs said he thinks many renters, or those who live in condominiums or within homeowner’s associations, will be barred from growing cannabis because of rules in the places they live.

“Unless you own your own home outright,” Stairs said, adding he has heard of restrictions over cannabis growing included in mortgage contracts. “This isn’t a blanket win for everybody, but it is a social win. I just wish they could do more.”

Stairs said he would like to see cannabis consumption allowed in sanctioned public spaces and drop the age of legal consumption from 19 to 18, in line with alcohol and tobacco.

“These are simple steps that would make it fair and equitable,” he said.

Stairs said he would like to see the province scrap its requirement for cannabis stores to cover shop windows, reduce or restructure the PST on cannabis products, and allow retailers to operate on a credit system with suppliers instead of having to purchase inventory outright.

He also took issue with the ongoing issue of black market cannabis dealers, which he said officials have not properly addressed.

Manitoba is one of only two provinces to ban growing pot at home for recreational use, along with Quebec. The Supreme Court of Canada upheld Quebec’s ban as constitutional in a unanimous ruling in April 2023.

The pre-set fine amount for growing non-medical cannabis at home is $2,542 — the same as the fine for supplying cannabis to people under 19.

The ban on homegrown cannabis was not a major point of last year’s provincial election campaign. However, cannabis-industry publications reported in the fall that the NDP party opposed the ban.

The NDP won a majority government in the Oct. 3 election.

erik.pindera@freepress.mb.ca