The lazy stoner jamming out to Pink Floyd in his VW van? That trope is long gone. Today’s enthusiasts are a diverse collection that includes executives, parents, healthcare workers, and everyone in between. As new markets continue to emerge and legislative hurdles ease, M&A activity in the cannabis industry is primed for a big year. Here’s what to expect in 2023:
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Rapid Growth of the Adult-Use Market Is Underscored by New Opinion From Michigan Court of Appeals
On July 14, 2022, the Michigan Court of Appeals issued a published opinion in Cary Investments, LLC v City of Mount Pleasant—their second interpreting the application and licensing process within the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Cary Investments, LLC is of critical importance for all licensees and prospective licensees who may find themselves facing a competitive or limited municipal license application process, as it details when a denied applicant must file an appeal of a denied application versus when a licensing and application process can be properly challenged in a lawsuit. This case also aims to answer questions that many applicants, prospective applicants, municipalities, and circuit courts have faced concerning the competitive municipal licensing process required by Section 9(4) of the MRTMA.
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Agency Name Change: Meet the Michigan Cannabis Regulatory Agency
Effective April 13, 2022, the Michigan Marijuana Regulatory Agency has a new name—the Cannabis Regulatory Agency. On February 11, 2022, Michigan Governor Gretchen Whitmer issued Executive Order No. 2022-1, which made a number of significant changes to various Michigan administrative agencies.
Notably, the Executive Order re-named the Marijuana Regulatory Agency to the Cannabis Regulatory Agency (“CRA”) and transferred the regulation and oversight of industrial hemp processing from the Michigan Department of Agriculture and Rural Development (“MDARD”) to CRA. Regulatory oversight and licensure of industrial hemp cultivation will remain with MDARD.
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Michigan Adult-Use Marijuana Sales Exceed $1B in 2021, Creating Millions of Dollars for Schools, Municipalities, and Roads
On March 24, 2022, the Michigan Marijuana Regulatory Agency (MRA) announced record-breaking sales numbers in Michigan’s adult-use industry for the previous year. In just the second full year of licensed adult-use marijuana operations, the MRA reported that sales of adult-use marijuana exceeded $1.1 billion for fiscal year 2021.
Local governments are set to receive tens of millions of dollars thanks to the revenue-sharing provisions in the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”). The MRTMA establishes a 10% excise tax on the retail sale of adult-use marijuana. Excise tax revenues are dedicated to Michigan schools and roads, and a significant portion is distributed to local municipalities and counties that have adult-use marijuana retailers and microbusinesses in their jurisdictions.
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Michigan Cannabis Industry Must Be Prepared for Environmental, Health, and Safety Compliance Inspections from EGLE and MIOSHA
Blog Post is Co-Authored by Jerry Hincka from EHS Support
As the Michigan cannabis industry continues to grow and mature, medical and adult-use licensees would be well served to take proactive steps to ensure compliance with Environmental, Health and Safety (EHS) regulations. We’ve previously written about the importance for cannabis businesses to be mindful of EHS regulations and the issue of environmental sustainability in the cannabis industry. In addition to federal EHS regulations from federal agencies like the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA), Michigan cannabis licensees must also pay careful attention to state EHS regulations from the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the Michigan Occupational Safety & Health Administration (MIOSHA).
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