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Cannabis Law Blog

Posts by R. Lance Boldrey

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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Photo of Cannabis Law Blog R. Lance Boldrey
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lboldrey@dykema.com
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Showing 50 posts by R. Lance Boldrey.

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 ›

National Cannabis Industry Association Releases Sustainability Report

Blog Post is Co-Authored by Jerry Hincka from EHS Support

As readers of this blog well know, the cannabis industry is one of the fastest growing and most regulated industries in the United States.  Rapid growth, in sales and in States allowing cannabis use, creates dynamic regulatory challenges, and unprecedented opportunity for environmental sustainability leadership.  Recognizing this, the National Cannabis Industry Association (NCIA) has released a detailed report on the topic: Environmental Sustainability in the Cannabis Industry: Impacts, Best Management Practices, and Policy Considerations Read More ›

Michigan Court of Claims Denies Request for Injunction Against State Over Local Licensing Decisions

On November 11, 2020, Attitude Wellness D/B/A Lume Cannabis Company (Lume), filed suit in the Michigan Court of Claims against the Michigan Marijuana Regulatory Agency (MRA), the Village of Edwardsburg, and two private parties, after the Village denied Lume’s application for village marijuana establishment licenses. Lume sought an injunction to prevent the MRA from issuing state licenses to the two businesses that won licenses from the Village.  Last week, the Court of Claims denied that request, finding Lume’s claims against MRA to be “speculative and inexact.” Read More ›

November 2020 Election Great for Michigan Cannabis

Although the outcome of the Presidential election remains in doubt nationally, marijuana businesses and advocates won overwhelmingly in Michigan this year. For those scoring at home, we call it seven “yeas” and one “nay.” Read More ›

IRS Allows Reduction of Gross Receipts For State-Legal Cannabis Businesses

On Saturday, September 12, 2020, the Internal Revenue Service (“IRS”) updated a marijuana industry frequently asked questions (“FAQ”) page that provides relief to state-legal cannabis businesses. The FAQ announces that state-legal cannabis businesses can reduce their gross receipts by using an alternative accounting method under Section 471 of the Internal Revenue Code (the “Code”). 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 ›

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

Michigan

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 ›

Michigan to Beat Illinois!

With the simple release of an Advisory Bulletin, Michigan’s Marijuana Regulatory Agency (MRA) has assured that Michigan will be the first Midwest state to allow adult-use sales, commencing December 1, 2019!

As we have previously reported, Michigan’s Emergency Rules for Adult-Use Marijuana provide for companies that hold equivalent medical marijuana business licenses to transfer medical marijuana and medical marijuana products to their equivalent adult-use licenses. In other words, a dual-licensed grower can transfer inventory from medical to adult-use—and so can a provisioning center/retailer (in non-Michigan parlance, a dispensary).  Read More ›

New Information on the Use Transfers to Feed the New Adult Use Cannabis Market

As we have reported in the past (9/27/19 and 10/7/19) Michigan’s Emergency Rules for adult-use marijuana provide for medical products to be transferred to the adult-use market as long as the transfer takes place between equivalent licenses under common ownership. In other words, an adult-use grower can transfer in plants from a medical grower operated by the same entity; a co-located adult-use retailer/medical provisioning center can transfer medical products to the adult-use retail operation. But the Rules also provide that MRA will set a defined start date and end date and may announce other requirements for such transfers. We have been working for some time to get clarity from MRA as to how this rule will work. As recently as last week, MRA had no guidance to offer. Read More ›