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Cannabis Law Blog

Cannabis Law Blog

Cannabis Law Blog

News and analysis focusing on the full spectrum of cannabis-related issues facing businesses, investors, financial institutions and all levels of government throughout the United States

Election Night Expands Cannabis Industry

Amidst the suspense and commotion of the presidential election, the cannabis industry in the United States quietly, but significantly, expanded on Tuesday night. A record number of medical and adult use initiatives were on ballots across the nation, and the large number of victories drastically expands the scope of the industry, while also likely setting the stage for further initiatives in 2018 and beyond. Read More ›

Governor Snyder Signs Medical Marihuana Bills Into Law

Governor Snyder was officially presented HB 4209, HB 4210, and HB 4827 at about 3:30 p.m. this afternoon and almost immediately signed the three bills into law. In his release, the Governor stated that “[t]his new law will help Michiganders of all ages and with varying medical conditions access safe products to relieve their suffering. We can finally implement a solid framework that gives patients a safe source from which to purchase and utilize medical marijuana.” Read More ›

Michigan Medical Marijuana Bills Heading to Governor’s Desk

This afternoon, the Michigan House of Representatives concurred in the Senate changes to HB 4209 (83-22), HB 4210 (93-12), and HB 4827 (85-20). All three bills now head to Governor Snyder, who has 14 days to consider the bills once they are officially presented to him. The bills would then become law 90 days after the Governor signs them. For an analysis of the legislation, please refer to our previous post on the subject. Read More ›

No Marijuana Measure on November Ballot—Federal Judge Rejects Bid to Halt Michigan Election Process

As we reported last week, two signers of MI Legalize’s petitions filed suit in federal court asking for a temporary restraining order to halt the printing of ballots without including the MI Legalize adult use marijuana measure in the November 2016 election. On Tuesday, September 13, 2016, U.S. District Court Judge Linda Parker, a recent appointee of President Obama, held a hearing and denied their motion in a two-sentence order. News media are reporting that during the hearing, Judge Parker focused much of her attention on the petition signers delaying bringing the suit until literally the day before ballots went to the printer.  Read More ›

MI Legalize Petition Signers Head to Federal Court, but Are Unlikely to Find Early Relief

As we reported earlier this week, MI Legalize is stating that they will turn to the U.S. Supreme Court in appealing decisions of the Michigan courts rejecting their challenges to the State’s now-defunct policy for “rehabilitating” petition signatures older than 180 days. Based on that policy, the Board of State Canvassers rejected MI Legalize’s initiative petitions for having too few valid signatures, without reviewing the signatures themselves. Read More ›

Ninth Circuit Issues Two Cannabis-Related Opinions

In recent weeks, the United States Court of Appeals for the Ninth Circuit has issued two significant opinions concerning cannabis. While neither decision is particularly surprising, medical marijuana patients and individuals involved in the cannabis industry should be aware of both. Read More ›

Michigan Senate Passes Medical Marihuana Regulatory and Infused Products Bills

Today, the Michigan Senate approved a substitute to HB 4209 of 2015, which creates the Medical Marihuana Facilities Licensing Act, by a vote of 25-12. The bill is similar to the version that was overwhelmingly passed by House lawmakers in October, but does contain a number of substantive changes. HB 4209 now returns to the House for a concurrence vote, and should be headed to Governor Snyder’s desk shortly.

As we discussed previously, this legislation has been a long time in the making. Now, after numerous iterations and nearly five years of work, the legislation should finally become law. Read More ›

MI Legalize's Fight For The Ballot Dies In Michigan Courts

Yesterday, Michigan’s appellate courts dealt a final blow to MI Legalize’s efforts to place language on the November 2016 ballot to legalize adult recreational use of marijuana. As we have discussed previously, the Michigan Court of Claims had ruled against MI Legalize in its challenge to the decision of the Board of State Canvassers that found MI Legalize to have insufficient petition signatures. MI Legalize had sought to appeal the Court of Claims decision to both the Michigan Court of Appeals and Michigan Supreme Court. Read More ›

Court of Claims Rejects “MI Legalize” Challenges to Petition Signature Law

As we have previously discussed, Article II, § 9 of the Michigan Constitution allows voters “to propose laws and to enact and reject laws” by collecting signatures from a number of registered voters that is equal to at least eight percent of the total vote cast in the last gubernatorial election. This year, petitions for an initiated law require 252,523 valid signatures to make the ballot. Read More ›

Will HB 4209 Allow Hemp to Be Grown in Michigan?

Over the past four years, the Michigan Legislature has devoted much discussion to legislation that licenses and regulates medical marihuana-related facilities. However, very little, if any, of that discussion has addressed how that legislation might impact hemp cultivation in Michigan. The reason for this is that the intent of HB 4209, or its predecessors, has never been to authorize commercial hemp cultivation in the State. Regardless, it appears that an argument can be made that HB 4209 might unintentionally do just that. Read More ›