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July 2016 Archives

Marijuana Law: The Courts Aren't Stupid

MediMarts, Inc., a marijuana dispensary, sued the City of San Jose, to prevent it from enforcing its ordinance imposing its Marijuana Business Tax and requiring MediMarts to submit tax returns disclosing the amount of its sales of cannabis-containing-products, on the grounds that it violated MediMarts' Fifth Amendment right against self-incrimination. Unlike the First Amendment right to free speech which the U.S. Supreme Court has held applies to corporations, it held in 1906 that the Fifth Amendment right against self-incrimination does not apply to corporations.