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Constitutional Challenge - MB Home-Grown Cannabis

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My name is Jesse Lavoie and I am a 28-year-old Manitoban.  I have just filed a Constitutional Challenge against the Manitoba Government’s ban on Home-grown Cannabis for personal use.





In 2018, the federal government legalized recreational cannabis, including the right to grow up to four plants at home.




Manitoba and Quebec were the only two Provinces who denied their residents their constitutional right to grow cannabis at home for personal use.




In September 2019 Quebec Superior Court Justice, Manon Lavoie ruled that Quebec’s ban of home-grown cannabis for personal use was unconstitutional.




This left Manitoba as the only Province unchallenged on this front, until now.







This ban has restricted my ability, and that of all Manitobans, to potentially save money by growing, responsibly storing, and consuming personal home-grown cannabis. 




One cannabis plant takes approximately 3-4 months to grow and can yield upwards of 100 grams. It's Federally legal to grow up to four plants. That means Manitobans could be harvesting over 400 grams every 3-4 months when grown properly and responsibly.







As stated on the Government of Manitoba's website, "There is no limit in a federal or provincial Act as to the amount of dried (or equivalent in non-dried) non-medical cannabis that can be in a person’s possession within the home. However, growing non-medical cannabis at home is prohibited in Manitoba." 




This means that you can legally store an unlimited amount of legally sourced cannabis in your home. Currently, the only legal source of cannabis in Manitoba is in retail stores where you can pay upwards of $15.00 per gram after taxes.




If this challenge is successful it will give Manitobans the option to attempt to reduce their cannabis consumption costs. Manitobans could utilize the warm months to grow outside and/or grow all year round inside. They could then store all of their harvested cannabis responsibly and pull from this stash for their personal use. Cannabis will remain fresh and usable for 6-12 months if stored properly. 




It's also Federally legal for an adult to gift another adult up to 30 grams of dried cannabis. That means that this law is getting in the way of Manitobans gifting each other their home-grown cannabis. 




Gifting cannabis that you've grown yourself would be comparable to gifting the wine or beer you made yourself at home. I've had many friends gift me some of the wine they made from legally sourced kits. 










I’ve aligned myself with one of Manitoba’s top Law Firms and we are very prepared for the long game. This ban is unconstitutional and I am taking the stand for all Manitobans. 




I am graciously requesting donations on my GoFundMe page to help fund the legal expenses that are necessary to see this campaign through, for all Manitobans. 







$80,000 is my goal because I want to be prepared to take this to the Supreme Court of Appeal if need be, but I need your support.










Any unused or excess funds will be donated equally to the following Manitoba Charities:










-Winnipeg Harvest




-Manitoba Metis Heritage Fund




-Habitat for Humanity










Thank you so much for your support and feel free to reach out to me at any time.




Jesse Lavoie
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Jesse Lavoie
Organizer
Winnipeg, MB

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