Manitoban government, attorney general taken to court over ban on growing cannabis at home

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A Manitoba man is gearing up to take on the provincial government to make growing weed at home legal.

Jesse Lavoie has filed a notice of application against both the Manitoban government and the attorney general to get rid of a section of the Liquor, Gaming and Cannabis Control Act that prohibits growing cannabis at home, CBC News reports.

Lavoie’s case looks at Section 101.15 of the Act that states a person cannot cultivate cannabis in their home. The section also prevents people from possessing more than 30 grams of the drug in public or possessing unpackaged cannabis that doesn’t follow federal requirements.

Manitobans face a fine of $2,542 if they are found in violation of the section.

“The purpose of the prohibition is to establish an absolute ban of a practice on the bases of moral values and social acceptability, and to replace, stiffen and strengthen the criminal law,” the court document reads.

Since only the federal government has authority over criminal law, Manitoba’s legislation works outside of the scope of its power and contradicts federal rules, the court document argues.

“I’ve always wanted to grow my own cannabis plant,” Lavoie told CBC News.

“[I’m challenging the government] really to grow at home and cut down on my personal consumption costs — and I want every Manitoban to have that right,” he said.

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