Manitoba man challenging provincial ban on homegrown cannabis

Man takes province to court over homegrown pot A Manitoba man is taking the province to court over a ban on homegrown cannabis. CTV's Michael D'Alimonte reports.

WINNIPEG — A Manitoba man is challenging the provincial government for the right to grow cannabis at home.

Jesse Lavoie, along with his lawyers, filed a notice of application for a constitutional challenge against Manitoba's ban on residentially cultivated cannabis.

"I believe that our rights are being infringed upon by the Manitoba government," Lavoie said, adding he has set up a social media campaign and a GoFundMe to help cover legal costs.

Under federal law, residents can legally grow up to four cannabis plants, but Manitoba's laws ban home cultivation, and only allow people to buy cannabis at licensed stores.

Lavoie said with home cultivation banned, Manitobans are losing out on a cheaper way to enjoy cannabis.

One cannabis retailer said home-grown pot isn’t a threat to business.

"From our standpoint, is this going to even move the needle in terms of impacting our sales? No, probably not," said John Arbuthnot, CEO of Delta 9 Cannabis.

There is precedent for this kind of legal battle. A similar case was brought before the Quebec Supreme Court, which ruled in September 2019 that Quebec's ban on at-home cannabis growing was unconstitutional.