Dykema Gossett PLLC

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

Marijuana Regulatory Agency Holds Public Hearing On Proposed Administrative Rule Changes

On Monday, September 27, 2021, the Marijuana Regulatory Agency (“MRA”) held a public hearing to receive comments on a series of proposed changes to the administrative rules that govern medical and adult-use marijuana businesses. We previously covered an overview of the proposed changes in our five-part blog series in the days leading up to public hearing. The proposed rules concern significant changes to the following rule sets: licenses, licensees, operations, testing, infused products, sale or transfer, employees, hearings, disciplinary proceedings, and declaratory rulingsRead More ›

Michigan Cannabis Cultivators and Processors Have Opportunity for Sales Tax Savings and Refunds

Operators in state-legal cannabis industries are confronted with a myriad of tax challenges, as we have previously discussed. As a result, opportunities for tax savings for state-legal cannabis businesses are often few and far between. However, Michigan law provides sales and use tax exemptions that cannabis growers and processors may be eligible to receive that could provide significant tax savings and even the prospect of a refund for previously paid sales or use taxes. Read More ›

Proposed New Michigan Cannabis Rules V: Hearings, Disciplinary Proceedings, And Declaratory Rulings

On Monday, September 27, Michigan’s Marijuana Regulatory Agency will hold a public hearing on draft administrative rules updating all of the State’s current cannabis-related rules other than for hemp. The deadline to provide written public comments is that Monday at 5:00 PM. 

In a six-part series, we outline the substantive proposed changes in each of ten draft rule sets and then will conclude with coverage of next week’s hearing. Today, we cover the rule sets for Marihuana Hearings (Rules 420.701 to 420.709), Marihuana Disciplinary Hearings (Rules 420.801 to 420.808a), and the brand new proposed set for Marihuana Declaratory Rulings (Rules 420.821 to 420.823). Rules without substantive changes are not included. Read More ›

Proposed New Michigan Cannabis Rules IV: Sale Or Transfer And Employees

On Monday, September 27, Michigan’s Marijuana Regulatory Agency will hold a public hearing on draft administrative rules updating all of the State’s current cannabis-related rules other than for hemp. The deadline to provide written public comments is that Monday at 5:00 PM. 

In a six-part series, we outline the substantive proposed changes in each of ten draft rule sets and then will conclude with coverage of next week’s hearing. Today, we cover the rule sets for Marihuana Sale or Transfer (Rules 420.501 to 420.510) and Marihuana Employees (Rules 420.601 to 420.602a). Rules without substantive changes are not included. Read More ›

Proposed New Michigan Cannabis Rules III: Operations, Testing, and Infused Products

On Monday, September 27, Michigan’s Marijuana Regulatory Agency will hold a public hearing on draft administrative rules updating all of the State’s current cannabis-related rules other than for hemp. The deadline to provide written public comments is that Monday at 5 p.m. 

In a six-part series, Dykema will outline the substantive proposed changes in each of 10 draft rule sets and then will conclude with coverage of next week’s hearing. So far, we have covered the proposed changes to the Marihuana Licenses and Marihuana Licensees rule sets. Today, we cover the rule sets for Marihuana Operations (Rules 420.201 to 420.215), Sampling and Testing (Rules 420.301 to 420.308), and Marihuana Infused Products (Rules 420.401 to 420.405). Rules without substantive changes are not included. Read More ›

Proposed New Michigan Cannabis Rules II: Licensees

On Monday, September 27, Michigan’s Marijuana Regulatory Agency will hold a public hearing on draft administrative rules updating all of the State’s current cannabis-related rules other than for hemp. The deadline to provide written public comments is that Monday at 5 p.m. 

In a six-part series, Dykema outlines the substantive proposed changes in each of 10 draft rule sets and then will conclude with coverage of next week’s hearing. Yesterday, we covered the Marihuana Licenses Rule Set, and today we cover the Marihuana Licensees Rule Set, encompassing Rules 420.101 to 420.112a. Rules without substantive changes are not included. Read More ›

Proposed New Michigan Cannabis Rules I: Licenses

On Monday, September 27, Michigan’s Marijuana Regulatory Agency (MRA) will hold a public hearing on draft administrative rules updating all of the State’s current cannabis-related rules other than for hemp. The deadline to provide written public comments is that Monday at 5 p.m. 

In a six-part series, Dykema will outline the substantive proposed changes in each of 10 draft rule sets and then will conclude with coverage of next week’s hearing. We begin today with the Marihuana Licenses Rule Set, encompassing Rules 420.1 to 420.27b.  Rules without substantive changes are not included. Read More ›

MIOSHA Issues Revised Emergency Rules Governing Return To Work

Although the State of Michigan announced several weeks ago that employers would be permitted to require employees to return to “in-person” work, the emergency rules issued by MIOSHA prohibiting in-person work remained in place. Those emergency rules were rescinded earlier today and replaced with a new set of emergency rules that will remain in effect until October 14, 2021.

As suspected, the new MIOSHA emergency rules keep in place several restrictions upon employers who have decided to reopen their offices for in-person work. While a careful reading of the new MIOSHA emergency rules is recommended for any employer prior to reopening their offices, there are several key takeaways that all employers should be aware of. Read More ›

Growing Cannabis Industry Attracts Increased Government Enforcement

In the past few years, recreational marijuana legalization has increased, with New York becoming the most recent state to enact legislation. The growth has created substantial revenue opportunities for companies that have invested in preparing to participate in these new regulatory frameworks. Along with that nationwide expansion, though, comes greater government scrutiny. All current and future marijuana industry participants must stay aware of specific areas where the government is focusing its enforcement efforts and develop appropriate compliance procedures. Read More ›

Court Enjoins City’s Competitive Process for Selecting Adult Use License Applications

On December 7, 2020, the Oakland County Circuit Court issued a preliminary injunction in Fire Farm, LLC et al v City of Berkley et al, Case No. 2020-184754-CZ, enjoining the City of Berkley, Michigan from issuing licenses to marijuana establishments pursuant to the Medical Marihuana Facilities Licensing Act, MCL 333.27101-333.27801 (“MMFLA”), or the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951-333.27967 (“MRTMA”), due to the likelihood that the City’s process for scoring and awarding licenses fails to comport with the requirements of MRTMA. Read More ›