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

Is Growing and Dispensing Cannabis a Sin?

In mid-May, Treasury Secretary Mnuchin told the Subcommittee on Financial Services and General Government of the Senate Appropriations Committee that cannabis businesses would not be eligible for Opportunity Zone (“OZ”) tax benefits. According to news reports of his testimony, Secretary Mnuchin said that the business of growing and dispensing cannabis is misaligned with the intent of the OZ program, which he appears to believe is designed to directly uplift low-income residents of distressed communities through OZ investment dollars. Secretary Mnuchin apparently believes that the business of growing and dispensing cannabis has less tangible impact on the residents of distressed communities than the building of new upscale rental units or luxury hotels. Read More ›

Help Wanted in Michigan? Only Those 21 Years and Up Need Apply

“Help Wanted” signs are becoming familiar sights at most Michigan retailers. As unemployment rates have fallen across the state, and employers struggle to fill vacancies, the influx of students hitting the summer job market may come as welcome news. Unfortunately, would-be adult use marijuana businesses should temper their excitement.  Michigan’s Regulation and Taxation of Marihuana Act requires employees to be 21 years of age or older.  Specifically, MCL 333.27961(e), provides that: “No marijuana establishment may allow a person under 21 years of age to volunteer or work for the marihuana establishment.”  Read More ›

Illinois Cannabis Adult Use Measure: A Primer

As cannabis industry participants and observers are well aware, on June 4th, the Illinois General Assembly officially passed House Bill 1438, which will create the financial and regulatory framework for the sale and use of cannabis and cannabis-infused products in Illinois via (the “ Cannabis Regulation and Tax Act” or “CRTA”). This legislation was patterned after, and is structured to supplement, the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, which became effective January 1, 2014 (the “MCPP”). Read More ›

USDA Provides Guidance on Hemp Transportation, Felony Convictions, and Implementation of 2018 Farm Bill

Authored by Dykema Summer Associate Olivia Avery

On May 28, 2019, the United States Department of Agriculture (“USDA”) issued a legal opinion addressing and clarifying a number of hemp-related provisions passed in the 2018 Farm Bill. The USDA Office of General Counsel also issued an executive summary of the legal opinion summarizing its key conclusions. The opinion offered guidance regarding (1) the removal of hemp from schedule I of the Controlled Substances Act; (2) the transportation of lawfully produced hemp across state lines under the 2018 Farm Bill and the 2014 Farm Bill; and (3) ineligibility restrictions for those growers with felony convictions relating to controlled substances.   Read More ›

Michigan’s New Marijuana Regulatory Agency Issues Guidance on the Treatment of “Temporary Operators” and Caregiver Product

Today, the new Michigan Marijuana Regulatory Agency (MRA) issued a press release regarding recent Michigan Court of Claims rulings, explaining how “temporary operators” will be treated going forward as well as how “caregiver” product will be used to keep a supply chain open to meet patient demand. The Executive Director of the MRA, Andrew Brisbo, also discussed these issues at his Senate confirmation hearing today. Read More ›

CBD Warning Letter

FDA sent warning letters dated March 28 to three companies marketing CBD products with what FDA describes as “egregious and unfounded claims that are aimed at vulnerable populations.” The companies which received warning letters sell hemp oil, CBD soft gels, CBD crystal isolate and other related products. Read More ›

FDA Statement on Cannabis-Containing and Cannabis-Derived Products

On April 2, 2019, the FDA further described its upcoming effort to regulate or at least discuss the regulation of cannabis-containing and cannabis-derived products. The FDA reiterated its power as given to it by the 2018 Farm Bill to regulate cannabis products and to ensure that they are used and sold safely in drugs, dietary supplements and conventional food. Read More ›

DEQ’s Local Leaders Series Educates Leaders on Potential DEQ Entrance Into Marijuana Cultivation and Processing Facilities

Recently, the Department of Environmental Quality (DEQ) held a “Local Leaders Series Webinar” on “Marijuana Cultivation and Processing Operations: Environmental Regulations and Concerns.” The webinar was well attended by over 500 people. The purpose was to educate local leaders on potential issues with marijuana facilities in their jurisdictions and to expose those leaders to some of the aspect of cultivation and processing operations for educational training. Read More ›

LARA/MDARD Issue Clarifications on CBD (Cannabidiol) and Industrial Hemp for Michigan

In a joint effort, the Department of Licensing and Regulatory Affairs (LARA) through the Bureau of Marihuana Regulations (BMR) and the Michigan Department of Agriculture (MDARD) issued a joint advisory in their attempt to clarify CBD (cannabidiol) and industrial hemp for Michigan.  Read More ›

Governor Whitmer Eliminates the Medical Marihuana Licensing Board and the Medical Marihuana Advisory Panel

Governor Gretchen Whitmer through Executive Order 2019-7 eliminates the Medical Marihuana Licensing Board and the Medical Marihuana Advisory Panel in reorganization of the marijuana program.

Today, Governor Whitmer issued Executive Order 2019-7 which reorganizes within the Department of Licensing and Regulatory Affairs (LARA) a new Type 1 Agency named Marijuana Regulatory Agency (MRA) with a gubernatorial appointed Executive Director. The Executive Director is subject to advice and consent of the Senate. The Executive Order will become effective April 30, 2019 unless disapproved by the Legislature. Read More ›