"Violation of 5th amendment"

US (WA): Licensed cannabis grower sues county over requirements

An Omak cannabis grower has sued Okanogan County over the county’s new requirement that growers meet with planning staff to show their license and a detailed site plan. The grower argues that the county already has that information and that being asked to furnish it violates their Constitutional rights.

Ladyhelm Farm sued the county, the three county commissioners, and the planning director over a moratorium on new or expanded cannabis grows that includes the meeting requirement. The suit was filed in Okanogan County Superior Court on Jan. 21.

Ordering the growers to provide this information violates their Fifth Amendment protection against self-incrimination, the suit alleges. “The County has taken cannabis producer permits and approvals hostage for the ransom of self-incriminating information in violation of the 5th Amendment to the United States Constitution and Article I, §9 of the Washington State Constitution,” it says.

The suit also argues that the requirement also violates the equal-protection clause in the 14th Amendment by singling out cannabis producers, whereas other businesses haven’t been asked to provide proof that they’re in compliance with regulations for things like zoning and shorelines. Even cannabis processors and retailers aren’t subject to the same requirement, it says.

To read the complete article, go to www.methowvalleynews.com


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