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Quebec’s new law changing the age you can smoke pot legally to 21 from 18 won’t hold up in court, according to lawyer Julius Grey.

“I think it’s flagrantly unconstitutional,” said the Montreal human-rights activist. “At one point, 21 was the age for voting; that’s been changed, and I think any attempt to return to it would be unconstitutional. At 18, or even younger, you can serve in the army, you can do all sorts of things. (The new law) is patronizing, and it’s age discrimination.”

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The fact that 18 is the legal age for cannabis in Canada will make it difficult for Quebec to justify raising that limit, Grey said.

“I don’t think it passes the Section 1 test (of the Canadian Charter of Rights and Freedoms), which says these rights are subject to such reasonable limitations as can be demonstrably justified in a free and democratic society.”

The law could be challenged as soon as someone is charged, once it goes into effect on Jan. 1, Grey opined.