Cannabis Registration Requirements May Be Unenforceable

Say you want to start a cannabis business. There’s likely a law requiring you to register with the government.

But can you refuse to comply with that law?

Arguably, you can. You have a Fifth Amendment right not to be forced to incriminate yourself. And registration requirements force you to identify as a person involved in activities illegal under federal law.

Cannabis Registration Requirements

Participating in states’ cannabis industries often requires registering with the state or local government. The exact registration requirement varies by jurisdiction and by activity.

Some examples may help.

Prospective medical marijuana cultivators in the District of Columbia must file an application with the government. In that application, the applicant must admit that they are violating federal law.

Maybe you want to cultivate cannabis plants inside your home. If you’re in Colton, you’ll need to apply for a government permit. Or if you’re in Nevada and want to use medical marijuana, you must register

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