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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

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Federal Update: Cole Rescinded; Rohrabacher-Blumenauer Remains in Effect, For Now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

Michigan Rules Coming! Advisory Bulletin Round-Up

Michigan’s Department of Licensing and Regulatory Affairs (LARA) has announced that the emergency rules to govern activities under the State’s Medical Marihuana Facilities Licensing Act (MMFLA) will be forthcoming this week! The agenda for the November 28 meeting of the State’s Medical Marihuana Licensing Board (Board) lists “Emergency Rules” as the first item for LARA’s report. Live streaming of the meeting, which starts at 12:30 pm, may be accessed hereRead More ›

Michigan’s Marihuana License Educational Sessions Focus on Application Procedures, Not Substantive Guidance

On Wednesday, November 8, Michigan’s Department of Licensing and Regulatory Affairs (LARA) and its Bureau of Medical Marihuana Regulation (BMMR) kicked off the first of a series of six educational sessions on Medical Marihuana Facility Licensing. LARA’s staff presented information about the two online platforms that will be used to apply for facility licenses and to track and inventory cannabis plants and products once facilities are open for business. The session did not, however, address many of the substantive questions that arise out of Michigan’s new Medical Marihuana Facilities Licensing Act (“MMFLA”). Read More ›

Michigan Seeks Comment on Tax Treatment of Marijuana Sales

The Michigan Department of Treasury (the “Department”) recently released a draft Revenue Administrative Bulletin (“RAB”) entitled Marihuana Provisioning Center Tax and Sales and Use Tax Treatment of Marihuana. An RAB is a directive issued by the Bureau of Tax Policy. The following is an excerpt from the Department’s website describing RABs, generally: Read More ›

Michigan Gets Recommendations for Medical Marijuana Rules, New Advisory Panel Members

Back in August, Michigan’s Department of Licensing and Regulatory Affairs (LARA) announced the formation of “work groups” to provide input as LARA adopts emergency rules to govern activities under the State’s new Medical Marihuana Facilities Licensing Act (MMFLA). Organized around the MMFLA’s five license types, those work groups met last month. At today’s meeting of the Michigan Medical Marihuana Licensing Board, LARA unveiled summaries of the work groups’ recommendations. Read More ›

Major Michigan Announcements: Licensing Checklist, Proposed Capitalization Requirements, Other Important Standards

At today’s meeting of the Michigan Medical Marihuana Licensing Board (Board), the State’s Department of Licensing and Regulatory Affairs (LARA) unveiled a checklist for medical marihuana license applications, announced proposed capitalization requirements, and sought public input on other regulations for marihuana facilities. Read More ›

Michigan Issues Advisory Bulletin on Medical Marihuana Facilities License Process

Today, Michigan’s Department of Licensing and Regulatory Affairs (LARA) issued an Advisory Bulletin on the Bureau of Medical Marihuana Regulation’s (BMMR) intended application process for medical marihuana facilities licenses. The Advisory Bulletin is just that—advisory—and is issued in anticipation of emergency rules that LARA plans to promulgate under the Medical Marihuana Facilities Licensing Act (MMFLA) in November. Read More ›