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Supreme Court Upholds Quebec Home-growing Ban – Cannabis | Weed | Marijuana

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The Supreme Court of Canada has upheld a home-growing ban in the French-speaking province of Quebec.

Federal law permits Canadians to grow up to four plants per household, but the Quebec government prohibits it.

Janick Murray-Hall challenged the ban in 2019. Quebec’s Superior Court ruled that, indeed, it was unconstitutional. But the Quebec government continued to appeal.

Last Friday, the Supreme Court of Canada disagreed with the Quebec Superior Court ruling and sided with the government.

Accordingly, legalization is about public health and safety, not your individual rights. Therefore, the Quebec government’s prohibition meshes well with the stated goals of federal legalization.

Details of Supreme Court Upholding Quebec Home-growing Ban

Supreme Court Quebec home-growing

On what justification would the Supreme Court uphold the Quebec home-growing ban? Simple: cannabis legalization has nothing to do with your rights.

The Supreme Court said we shouldn’t interpret the law permitting home cultivation as “a positive right to self-cultivation.”

The ruling reads:

It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a ‘legalization effort,’… However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public.

At least now, we have it in writing. Legalization is not about your right to bodily autonomy. It is a privilege that Parliament or the courts can take away should they deem it counter to the goals of “public health.”

Or, as the ruling reads:

The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply.

In other words: you’re too dumb to make decisions for yourself. The Quebec government doesn’t trust you to get high on your own supply.

Follow the Money

So it goes in a province that also bans certain edibles based on the value judgements of one man.

In reality, banning home-growing likely has more to do with money. Quebec has the Société québécoise du cannabis (SQDC), a government agency that has complete control of the cannabis market in Quebec.

While other provinces like Ontario or British Columbia will use government wholesales but permit private retail stores, in Quebec, everything is done through the SQDC.

It’s little wonder the Quebec government doesn’t want anyone home-growing and legally gifting their cannabis. It would cut into their monopolistic profiteering.

The Supreme Court is a Joke 

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Canada’s Supreme Court upholding the Quebec home-growing ban is another example of this institution’s uselessness.

Upon hearing the ruling, the lawyer representing the appellant told the Canadian press, “There is certainly some disappointment, but it is the decision of the highest court, it’s a constitutional decision and we don’t have much choice but to rely on this.”

And while that’s what you’d expect to hear from a professional lawyer who likely doesn’t want to be disbarred – some of us don’t have to worry about offending Supreme Court justices.

In fact, it’s about time this sacred institution faced some scrutiny. 

Judicial activism is a charge often lobbied at Canada’s Supreme Court. And for good reason. Whenever the Court uses its power to influence policy instead of interpreting the law, they engage in judicial activism.

And since adopting the Charter of Rights and Freedoms as the be-all, end-all of individual Canadian rights, our system has rewarded judicial activism. Meanwhile, the principle of parliamentary sovereignty, the foundation of Canada’s democracy, has been lost.

Even among conservatives and libertarians, people cling to the Charter as the source of our freedoms.

But in doing so, we permit an unelected elite council of nine to rule over 38 million people and make “expert” opinions regarding their rights.

Our One Remedy: The Notwithstanding Clause

Supreme Court Quebec home-growing

The Supreme Court of Canada upheld the home-growing ban in Quebec. The lawyer for the appellant said it’s a constitutional decision and “we don’t have much choice” but to accept it.

Except we don’t.

For one, Parliament itself can amend the Cannabis Act to clarify that home growing is a protected right of all Canadians.

But suppose the Supreme Court upends this legal framework enacted by a democratically elected legislature (as they’re fond of doing).

Suppose the Supreme Court makes a narrow, selective interpretation of the Charter that says: no matter what the House of Commons votes for, the Quebec government has a right to ban home-growing.

In that case, Parliament still has the notwithstanding clause. 

At least, for now. Lately, there’s been concerted efforts by the far-left to eliminate this democratic remedy to Supreme Court absolutism.

And with today’s “I Support the Current Thing” social cult, the campaign to remove the Notwithstanding Clause may get some traction. 

Especially when it’s conservative parties using it to undo leftist damage.

The Supreme Court Quebec Home-growing Ban Typical of Past Decisions

The Supreme Court siding with Quebec for their home-growing ban is typical of past decisions made by this body. 

Look no further than Dr. Brian Day’s Cambie Surgery Centre. For 14 years, he’s been engaged in legal battles over his for-profit surgery clinic.

Last week, the Supreme Court declined to hear his case that they should have private health services read into the Charter‘s Section 7 right to life, liberty, and security of the person.

But the Court said no. If the Soviet health care system has left you suffering, even dying, Canada is a country where you have a right to end your life but no right to pay for the services that can heal you.

The Supreme Court isn’t a nonpartisan, “neutral,” transparent decision-maker. It’s an unelected council of ideologically-possessed individuals.

And I mean that in a positive way.

The Myth of the Legal Objectivity

Supreme Court Quebec home-growing

After all, as legal scholar John Hasnas has pointed out, “The stability of the law derives not from any feature of the law itself, but from the overwhelming uniformity of ideological background among those empowered to make legal decisions.”

For centuries, that uniform ideology was the Greco-Roman, Germanic, and Judeo-Christian worldview. Especially the parts that recognize and celebrate the individual and the power of forgiveness and redemption. 

Now? It’s far-left theories that use mob mentality to achieve their anti-liberal goals. 

It’s about the benevolent state and belief in the power of governments to displace or even outperform civic institutions and free markets.

Or, even worse, the belief that state and society are one of the same. So one comes to think of oneself as part of the “government.” 

Where decisions that are clearly about money and power become about “public health and safety.”

Where the Supreme Court upholds a home-growing ban in Quebec but permits private health care. Unless you’re an English-speaking Canadian. Then you can’t get private health care but feel free to grow up to four plants per household.

It’s true: Canada is broken. 





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Can Marijuana Consumers Donate Needed Blood

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If you drink alcohol, you can drink, but it has to be out of your body’s system. it is recommended you not have booze 24 hours before donating. Like alcohol, you can donate blood, but you have to let the marijuana move out of your system. Potential donors cannot give if cannabis use impairs their memory or comprehension. The Red Cross does not test blood donations for the presence of tetrahydrocannabinol, or THC, the principle psychoactive component of the cannabis plant.  But you should wait 24 hours from the last time you are high.

Donating blood is easy. You go to the nearest location, sign in, show ID, and read some information. You’ll answer questions online or in person, and receive a health check. 

The acutional process is easy, a sterile needle is inserted into a vein in your arm, and blood is drawn into a bag. The donation usually takes 8–10 minutes and feels like a quick pinch. Afterwards they providea snack and drink and 10–15 minutes to recovery before resuming your day. 



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The DEA Against The Vast Majority Of The Public About Marijuana

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The cannabis industry is concerned about the direction of regulations – and the DEA is still against the plant.

The cannabis industry is very concerned for the future.  While many supported the incoming president with hopes for action, things look rough. The Speaker of the House is against legal marijuana, the pro-weed Attorney General nominee seems to be in trouble, and some of the new Senate leadership feel cannabis issues as dead on arrival.  And is this giving an indicator to the Drug Enforcement Administration (DEA) to not do anything?  It is the DEA against the vast majority of the public about marijuana.

RELATED: DEA Delivers Gut Punch To Marijuana Industry

Every poll shows at least 88% of the population is for some form of legal cannabis.  Florida had almost 57% of their voting public support full recreation. Almost all major medical organizing including the federal government’s Health and Human Services and the Food and Drug Administration, the American Medical Association and the American College of Physicians have supported rescheduling. Their reason is proven science around it providing clear medical benefits. But the DEA seems to be against it.

Now, the DEA and their Chief Administrative Law Judge John Mulrooney has denied a key group from being part of the hearing. Cannabis has been proven to help with PTSD and the Veterans adminstartion has rearranged its process to allow veterans to seek this option of treatment.  The Veterans Action Council (VAC), an organization supporting cannabis access for military veterans, petitioned request “status as an interested party” to give testimony.

This is a follow up from an earlier requested to participate. Despite working with the government, the group was not included on the list of 25 participants released Oct. 31 by DEA Administrator Anne Milgram.

According to a footnote in the order denying the Veteran group a chance to testify, the DEA could allow more participants to testify. But DEA DIrector Milgam has shown no love for cannabis or the industry, and the current list leans heavily into the anti-cannabis group and  against the general public.

RELATED: Marijuana Use And Guy’s Member

As reported in early summer, Director Milgram made an unusual request of top deputies summoned in March for the “Marijuana Meeting”: Nobody could take notes. This has made the industry very anxious and hoping for a positive outcome for the thousands of mom and pop businesses.



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Be More Productive During The Holidays With Marijuana

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The holidays are also a very busy time of year. And despite the myth, marijuana can help you be more productive.

It is the time of year when you still have a job, but are expected to do extra for all the holidays. Family gatherings, meeting up with friends, shopping, kids concerts and more suddenly jam the schedule.  For some, it is the most stressful time of the year. But here is how to be more productive during the holidays with marijuana. Alcohol can often add to the holiday stress by having a hangover or generally making you sluggish.

RELATED: Beer Sales Flatten Thanks To Marijuana

There is the new trend of California sober, where you swamp marijuana for alcohol and it is taking off.  Microdosing (usually with gummies), is another way people are benefiting from the plant without being fully stoned. While smoking is still a popular way to consume, edibles, gummies, vapes and oils are discreet and easy to take into almost any situation.

Also, pay attention to how different strains and consumption methods affect your productivity. Everyone’s endocannabinoid system is unique, so what works for others may not work for you. Experiment responsibly and adjust your approach based on your personal experiences.

Selecting an appropriate cannabis strain is crucial for maintaining productivity. Sativa-dominant strains are generally better suited for daytime use and staying active, as they tend to provide more energizing and uplifting effects. Look for strains high in limonene, a terpene known for its mood-boosting and focus-enhancing properties.

Proper dosing is essential to avoid becoming overly intoxicated. Start with a small amount and gradually increase as needed. Microdosing, which involves consuming very small quantities of cannabis, can be an effective way to experience the benefits without compromising cognitive function.

Before consuming cannabis, take time to establish clear objectives for your day or work session. Writing a to-do list can help declutter your mind and provide a tangible roadmap for your tasks. This practice allows you to focus on execution rather than planning once the effects of marijuana set in.

Consider when and where you use cannabis to maximize its potential benefits. Some users find that consuming during a lunch break or after completing a portion of their work helps refresh their mind without derailing productivity

RELATED: Rainy Weather Cocktails

Once you’ve consumed cannabis, dive straight into your tasks and maintain that momentum throughout your session. Avoid the temptation to take early breaks or rewards, as this can disrupt your flow and make it challenging to regain focus.

Some users find that combining cannabis with moderate amounts of caffeine can help counteract any drowsiness and enhance focus. However, be mindful of your caffeine intake, as excessive consumption may lead to increased anxiety.

Remember that while cannabis can potentially enhance productivity, it’s not a magic solution. Maintain discipline in your consumption habits and work ethic. Start with small amounts, use the momentum to accomplish tasks, and avoid overindulging. By implementing these strategies, you can harness the potential benefits of marijuana while staying productive and focused on your goals. Remember to always consume responsibly and in compliance with local laws and regulations.



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