‘Progress, not perfection': Manitoba's homegrown pot ban ends Thursday
Manitoba is ending an outright ban on homegrown cannabis, but recreational users remain committed to fighting for the right to grow pot in their backyards.
As of Thursday, anyone aged 19 and older can grow a maximum of four plants in an indoor room, container or enclosure that is not accessible to underage residents or visitors.
The changes bring the province more in line with the rest of Canada — except for Quebec, where it remains illegal to cultivate cannabis for personal use.
JESSE BOILY / FREE PRESS FILES
Jesse Lavoie launched a legal challenge against the provincial government in 2020 to fight the ban on growing cannabis plants at home.
Licensed producer TobaGrown has imported 'exotic seeds' from Spain and elsewhere in Canada that will be up for sale immediately, said Jesse Lavoie, founder of the non-profit organization.
It's a bittersweet milestone for Lavoie, who launched a legal challenge against the provincial government in 2020.
He argued federal legislation allowed provinces only to restrict the growing of non-medical cannabis at home instead of issuing a sweeping ban.
The case — which was dismissed and Lavoie was in the process of appealing until he learned changes were in the works in 2024 — was funded via TobaGrown sales and donations.
'Our lawsuit was fighting for both indoor and outdoor,' he said, noting he plans to revive it if the Kinew government does not widen the rules.
'Keeping it indoors and how they have it written, requiring plants to be locked in a room, essentially in your basement, keeps the taboo in place.'
Justice Minister Matt Wiebe defended the legislation as 'balanced,' citing concerns about community access to outdoor gardens.
'This is the right mix of giving that choice to Manitobans, but also protecting kids,' Wiebe said.
The rules also allow businesses to tap into new markets and sell both seeds and growing equipment, he noted.
Seeds and plants, often called clones, must be bought from a licensed Manitoba store, per the newly updated Liquor, Gaming and Cannabis Control Act.
Melanie Bekevich, vice-president of the Retail Cannabis Council of Manitoba, said she does not anticipate a significant impact on member sales, owing to the limited markup on seeds and complexities of growing pot.
The co-owner of Winnipeg's Mistik Cannabis Co. said she plans to stock seeds, mainly for educational purposes so customers are up to date with the regulations.
'It's progress, not perfection at this time,' Bekevich said about the inability for cannabis users to take their plants outside unless they have a medical licence.
Bekevich and Lavoie both said the cannabis industry is generally on board with the changes that do away with a $2,542 fine for growing non-medical cannabis inside a residence.
'You can make wine and beer at home, but there's still lineups outside liquor stores,' Lavoie added.
In the lead up to the regulatory changes, the official Opposition accused the NDP of diverting limited police resources from more pressing issues by bringing in new homegrown rules.
'With violent crime on the rise, how can the premier justify focusing on cannabis policy?' Wayne Ewasko, then-interim leader of the Progressive Conservatives, asked Premier Wab Kinew during question period last week.
Ewasko then suggested Kinew must be smoking pot daily.
'I don't smoke weed at all. Guess what? I don't drink either. I don't even use Tylenol — but that's not the point,' Kinew quipped.
'The point is that the member opposite's 1950s Reefer Madness mentality, it just doesn't work.'
(Director Louis Gasnier's propaganda film achieved cult classic status owing to its over-the-top depiction of cannabis users as dangerous criminals.)
Ewasko later told the Free Press the plan is unenforceable and rests upon 'neighbours ratting on neighbours.'
The justice minister said the province does not anticipate the updates will generate significant new activity for police, but rather provide clarity about what is legal.
'People are in this quasi-legal realm again. It's just absurd, to be six years after legalization, and we're still dealing with grey area,' said Steven Stairs, a longtime cannabis advocate.
'If you're going to be progressive, why go 95 per cent of the way?'
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Stairs received a medical prescription for pot in 2009 to treat vision problems and alleviate related pain.
For the last 15 years, he's been growing weed in his backyard with a medical licence, he said, adding he's never had a plant stolen or received a complaint from a neighbour during that period.
Stairs said he protected his children by educating them on the drug and its effects.
It's also important to lock up the plants, be it with zipper-secure tents or otherwise, so they cannot be accessed by kids or pets, he said. He likened the process to locking a garage door so no tools are stolen overnight.
maggie.macintosh@freepress.mb.ca
Maggie MacintoshEducation reporter
Maggie Macintosh reports on education for the Free Press. Originally from Hamilton, Ont., she first reported for the Free Press in 2017. Read more about Maggie.
Funding for the Free Press education reporter comes from the Government of Canada through the Local Journalism Initiative.
Every piece of reporting Maggie produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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