The STATES Act, Rooted in Federalism, Would Address Systemic Risk in Cannabis-Related Banking

Coauthored by Dykema Summer Associate Shaun Sullivan-Towler.

For financial institutions interested in banking state-legal marijuana businesses, 2018 has been a rollercoaster. In January, Attorney General Jeff Sessions rescinded the Obama-era policy of lenient federal enforcement, creating new confusion for banks and credit unions about the future of marijuana-related banking. Many feared that the Financial Crimes Enforcement Network (FinCEN) would withdraw or amend its guidance as well, thereby eliminating the only federal guidance directed to financial institutions on banking marijuana businesses. But FinCEN has since been clear that its guidance remains in place and announced that, as of March 31, 2018, a total of 411 banks and credit unions now provide services to marijuana-related businesses, up from 365 a year ago. Read More ›

Department of Licensing and Regulatory Affairs Extends Deadline for Issuing Medical Marihuana Facility Licenses to Existing Facilities

Today, the Department of Licensing and Regulatory Affairs (“LARA”) released an amended set of emergency administrative rules that implement the Medical Marihuana Facilities Licensing Act (“MMFLA”) and establish a transition period for existing medical marihuana facilities to become licensed. The most notable change to the rules benefits temporary operators who faced a fast-approaching June 15, 2018 deadline under the old rules to either be licensed or shut down. Read More ›

Medical Cannabis - Every Little Victory Counts

Individuals and businesses operating in the medical cannabis industry have seen ample foes and scrutiny by the federal government. It is not a secret Jeff Sessions is a long standing antagonist of cannabis products and the laws supporting the industry. However, in the past month, the world of medical cannabis has experienced minor victories. Read More ›

Michigan Changes Required Disclosures for Marihuana Applicant Criminal History

by Annabel Shea

As is the case in every state, entities and individuals applying for a medical marihuana facility license through the Bureau of Medical Marihuana Regulation in Michigan must complete a series of disclosure forms. In Michigan, those are found in the State’s Entity/Individual Prequalification Application Packet. The disclosure forms require applicants to disclose information pertaining to entity information, ownership interest, financial information, government regulation, criminal history and litigation history. Read More ›

BMMR News! Updates From Michigan Medical Marihuana Licensing Board

At the March 22nd Michigan Medical Marihuana Licensing Board meeting, Andrew Brisbo, Director of the State’s Bureau of Medical Marihuana Regulation (“BMMR”), provided some important updates on Michigan’s licensing process. Read More ›

Michigan Medical Marihuana Licensing Board Divided on Licenses

Today marked the first day Michigan’s Medical Marihuana Licensing Board took action on licenses under Michigan’s relatively new Medical Marihuana Facilities License Act (“MMFLA”). Although industry observers were hoping for some initial signals on the standards the Board will apply in decisions, today’s meeting instead revealed confusion on the part of Board members, and failed to reach any conclusions. Read More ›

Michigan Treasury Department Releases Finalized RAB on the Tax Treatment of Marihuana Sales

In October 2017, the Michigan Department of Treasury (the “Department”) released a draft Revenue Administrative Bulletin (“RAB”) explaining the marihuana provisioning center tax imposed by the Medical Marihuana Facilities Licensing Act (the “MMFLA”) and the sales and use tax treatment of marihuana and marihuana-derived products under both the MMFLA and the Michigan Medical Marihuana Act (“MMMA”). The draft RAB was discussed in detail in a previous Dykema blog post. Read More ›

Federal Update: Cole Rescinded; Rohrabacher-Blumenauer Remains in Effect, For Now

With the stroke of a pen—and a keystroke—Attorney General Jeff Sessions has eliminated longstanding guidance regarding federal law enforcement priorities specific to the state-legal marijuana sector. This move throws even more uncertainty into a sector that already had plenty of uncertainty to spare. Even as more and more states act to legalize medical and/or recreational use, federal law remains unambiguous: marijuana activity violates federal law—potentially multiple federal laws. Now, Sessions’ action raises the question of whether federal authorities will more aggressively pursue investigations and prosecutions of state-legal marijuana activity. Read More ›

Michigan’s MMJ Facility Rules Delayed Until End of Week

Michigan’s Department of Licensing and Regulatory Affairs (LARA) announced today at the Medical Marihuana Licensing Board’s monthly meeting that the long-awaited emergency rules needed to implement the Medical Marihuana Facilities Licensing Act (MMFLA) will not be released until the end of this week. Attendees and live-stream viewers of the Board meeting were disappointed by the announcement, as many had expected the rules to be unveiled during the meeting. Andrew Brisbo, director of the Bureau of Medical Marihuana Regulation (BMMR), explained that the rules are still undergoing legal review at the Legislative Service Bureau and the Office of Regulatory Reinvention. Read More ›

Michigan Continues to Fine-Tune How Marihuana Businesses Can Operate Before Licensure

Earlier this month, Michigan’s Department of Licensing and Regulatory Affairs (“LARA”) announced that its forthcoming emergency rules will allow existing unlicensed medical marihuana businesses to continue to operate while they seek licenses under the new Medical Marihuana Facilities Licensing Act (“MMFLA”). LARA’s announcement was a surprising reversal of its earlier proposed policy that continued operation after December 15, 2017, would harm an applicant’s chances to receive a license. Read More ›