Changes on homegrown pot rules don't go far enough, says Manitoban who challenged prohibition
Starting May 1, Manitobans will be allowed to cultivate up to 4 marijuana plants at home, but only indoors
More than six years after cannabis was legalized in Canada, Manitoba is about to allow residents to grow their own marijuana at home — but a cannabis advocate who challenged the province's previous prohibition says the changes don't go far enough.
Starting May 1, Manitobans over the age of 19 will be allowed to grow up to four cannabis plants — the maximum allowed under the federal Cannabis Act — in their home, as long as they're indoors and not accessible to anyone under 19.
Jesse Lavoie founded the cannabis advocacy organization TobaGrown, which took Manitoba to court over its previous rules in 2020.
He argues even under the relaxed rules, the ban on outdoor growing feeds negative stereotypes associated with cannabis.
"When you're only allowed to grow in a locked room somewhere in your house and you're not allowed to bring those plants outside, that's still keeping the taboo [alive]," Lavoie said.
The federal government set up rules for home cultivation when cannabis use became legal in 2018, but gave the provinces and territories the authority to set further restrictions.
Manitoba's previous Progressive Conservative banned growing cannabis at home, making Manitoba and Quebec the only provinces to do so.
TobaGrown's court challenge argued the federal Cannabis Act gives individual provinces the opportunity to impose restrictions, but not an outright ban.
That challenge was dropped when Manitoba's NDP government, elected in 2023, passed an amendment last June to allow homegrown cannabis.
But Lavoie said he now plans to continue his legal battle with a new lawsuit against the province over the restriction on growing outdoors.
"The ban on outdoor growing still keeps it criminal, so our role at TobaGrown is to remove stigma," Lavoie said.
Rules a balancing act: justice minister
Manitoba Justice Minister Matt Wiebe said the removal of the ban is intended to bring Manitoba up to speed with other jurisdictions and adhere to federal law.
"It gives the ability to those users to have choice, to be able to grow in a responsible way … and ensures we are capturing this part of the market," Wiebe said.
Quebec, whose ban was upheld in a 2023 Supreme Court ruling, is now the only province in Canada that bars people from growing their own pot.
Wiebe said Manitoba's rules on home-growing, including restricting growing outdoors, are a balancing act between allowing Manitobans access to marijuana, while also protecting kids and neighbourhoods.
"When it comes to crime and public safety, if you have plants that grow in an accessible way [outdoors], that might just invite others to come in," he said.
Wiebe said the government has also heard from consumers who want to smoke marijuana outside their homes and is listening "very closely," but is working to allow personal choices in a way that also takes public health into account.
For now, the legislation change "gives people a lot of more choices … but we're doing it in a responsible way," he said.
Retailers licensed by The Liquor, Gaming and Cannabis Authority of Manitoba will be the only establishments allowed to sell cannabis seeds and plant material under the rules.
Those products will be ordered by the Manitoba Liquor & Lotteries, the official wholesaler and distributor of cannabis for licensed retailers, the Crown corporation said in a statement.
With files from Mike Arsenault