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


Michigan Adopts New Hemp Law for Federal Approval of Hemp Program; What’s Next?

On July 8, 2020, the Michigan Industrial Hemp Growers Act (“IHGA”), 2020 PA 137, MCL 333.28101-333.28701, went into effect (which was somewhat surprising since the legislation was reported from committee only a few weeks beforehand).  The new law creates a regulatory scheme for industrial hemp that should allow Michigan to obtain approval from the United States Department of Agriculture (“USDA”) of its plan to administer an industrial hemp program under the 2018 Farm Bill.  Currently, the Michigan Department of Agriculture and Rural Development (“MDARD”) administers an industrial hemp pilot program under the Industrial Hemp Research and Development Act (“IHRDA”), MCL 286.841-286.859, pursuant to the 2014 Farm Bill. Read More ›

Michigan’s Marijuana Regulatory Agency Releases New Application Forms for Medical and Recreational Facilities: What to Know

Late last month, Michigan’s Marijuana Regulatory Agency (“MRA”) released its new Medical Marijuana Facilities License and Marijuana Establishment License (adult-use) application forms and instructions.  Read More ›

After Maine Agrees to Drop Residency Requirement for Marijuana Licenses, Challengers File Suit Against Residency Preference in City Ordinance

Faced with a lawsuit challenging the constitutionality of its residency requirement for marijuana licensees, the State of Maine has agreed to no longer enforce the requirement. 

As we wrote about recently, out-of-state businesses had challenged as unconstitutional a provision in Maine’s marijuana licensing rules that required the majority of the ownership interest and all of the officers, directors, managers, and general partners of business applicants to be held by Maine residents. However, after being “advised by the Attorney General that the [Residency Requirement] is subject to significant constitutional challenges and is not likely to withstand such challenges . . . , defendants will not be enforcing the Residency Requirement or any agency rules, regulations or guidance which enforce or implement the Residency Requirement.” Stipulation of Dismissal, NPG, LLC, et al. v. Figueroa, Case No. 1:20-cv-00107-NT (D. Maine, May 11, 2020). Read More ›

Michigan Marijuana Regulatory Agency Furloughs Likely to Cost State Money

As Michigan, like every other state, has grappled with enormous budget pressures as a result of restrictions needed to battle the scourge of the COVID-19 pandemic, one rare bright spot has been increasing tax revenues from the sale of cannabis products. April sales data from Michigan’s Marijuana Regulatory Agency (MRA) shows roughly $34 million in medical marijuana sales, and a record $28 million in adult-use sales. Those sales have generated $2.8 million in marijuana excise tax revenue and $3.7 million in sales tax revenue. Read More ›

Maine’s Marijuana License Residency Requirement Challenged in Court; Could Illinois and Michigan Laws and Ordinances Face Similar Scrutiny?

In 2016, Maine voters opted to legalize adult-use marijuana in their state (medical marijuana has been legal since 1999). After spending a few years fleshing out the details and implementing the regulatory structure, state officials recently began accepting applications for licenses for adult-use marijuana businesses. Just last month, Maine issued 31 conditional licenses. Read More ›

FDA Sends CBD Warning to Ex-NFLer making COVID-19 Claims

Neuro XPF, a company which sells CBD was ordered to stop selling its CBD products by the FDA because it make claims related to preventing the contraction of COVID-19.

Neuro XPF stated that “your best defense against the COVID-19 blitz starts with a strong immune system.” Kyle Turley also has been tweeting that CBD can “prevent and cure” the coronavirus as well as “other diseases.” Read More ›

Michigan Continues to Respond to Cannabis Industry Needs

Over the last week, as states continue to react to the COVID-19 crisis, we have reported on regulatory changes and “stay at home” orders in Michigan and Illinois, and their impacts on the cannabis industry. At Dykema’s COVID-19 Resource Center, we have compiled and are updating on a daily basis a Quick Reference Guide to State-Level Shelter-in-Place Orders and Essential Services Provisions. Read More ›

Michigan and Illinois Impose Stay-at-Home Orders – Implications for Cannabis Businesses


On March 23, 2020, Michigan Governor Gretchen Whitmer joined several other states in addressing the coronavirus outbreak by issuing an executive order (the “Michigan Order”) ordering individuals to stay at home, subject to certain exceptions. To this end, the Michigan Order requires all businesses to temporarily suspend all operations to the extent the business requires “workers to leave their homes or places of residence, except to the extent that those workers are necessary to sustain or protect life or to conduct minimum basic operations.” Minimum basic operations include the protection of inventory, and products, obviously a significant concern for growers. Read More ›

Illinois and Michigan Adjust Rules for Marijuana Businesses During Coronavirus Outbreak

The coronavirus pandemic is having a significant impact on retail businesses throughout the county, including medical and adult-use cannabis businesses. To address the health and safety concerns of customers, employees, and businesses during the coronavirus outbreak, Michigan and Illinois announced temporary rules for their marijuana businesses. Read More ›

FDA Work Related Cannabidiol Products Update

On March 5, 2020 the FDA sent out a notice about work being done on Cannabidiol products. The announcement seeks information from the public in the form of research about the effects of Cannabidiol products. The FDA is reopening the public docket established in May 2019 for the submission of data related to the efficacy and safety of Cannabidiol. The docket includes a mechanism for stakeholders to submit data and information that is confidential.  Read More ›