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Lance Boldrey

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R. Lance Boldrey's practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations). He represents tribes, developers, banks and other non-tribal businesses, as well as state and local governments, and is a frequent speaker on Indian law topics. Mr. Boldrey is also a leader of the Firm's emerging Cannabis Law practice.

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Takeaways

  • Michigan lawmakers fast-tracked a new 24% wholesale cannabis tax with no hearings or industry input.
  • The bill attempts to sidestep voter-approved protections by avoiding the 75% supermajority required to amend Michigan’s cannabis initiative.
  • The tax could exceed 24% for non–vertically integrated businesses, as rebates and discounts cannot reduce the taxable amount.

As everyone in Michigan’s cannabis industry is all too painfully aware, Michigan’s Legislative leaders and Governor have agreed to create a new (minimum) 24% wholesale tax on the state’s cannabis industry. The Michigan House of Representatives passed the bill (House Bill 4951) last Thursday, September 25, and action by the State Senate is expected on Tuesday, September 30.Continue Reading Bucking the Trend: Michigan Wholesale Tax Nightmare at Hand

Takeways

  • HB 4963 would require licensees to pay for cannabis products at the time of transfer.
  • HB 4964 and related bills would create a new Industrial Hemp Processing Act and ban intoxicating or converted cannabinoids.
  • Passage appears likely, but the final impact will depend on legislative compromise and regulatory enforcement.

On Tuesday, September 16, the Chairman of Michigan’s House Regulatory Reform Committee, Representative Joseph Aragona, introduced a package of bills to address two significant problems confronting Michigan’s cannabis industry—licensees defaulting on payments and unregulated intoxicating hemp products being sold throughout the state. (This is part two of our examination of this issue in Michigan; part one can be found here, and we’ve addressed hemp issues in other states and at the federal level elsewhere on the Cannabis Law Blog.)Continue Reading Michigan House Looks to Solve Cannabis Industry Issues, Addressing Payment Defaults and Hemp Regulation

Takeaways

  • The Second Circuit invalidated New York’s cannabis licensing rules for discriminating against out-of-state applicants.
  • The Court ruled that social equity goals cannot justify residency-based advantages.
  • This Decision adds to a growing circuit split that could reach the U.S. Supreme Court.

On Tuesday, August 12, the U.S. Court of Appeals for the Second Circuit became the second federal appellate court to invalidate a state cannabis licensure program that discriminates against out-of-state residents.Continue Reading Second Circuit Says Social Equity Goals Cannot Justify Discriminatory Application Process

Flat-fee training prepares your team for inspections, reduces risk, and helps avoid penalties

Recent reporting showed that in 2024, the Michigan Cannabis Regulatory Agency (CRA) issued more than twice the number of violations of any other cannabis-legal state. This immediately followed CRA changing its inspection practice to a “no notice” basis. In response, Dykema has launched a new flat-fee Compliance & Risk Mitigation Training program designed to help cannabis businesses proactively prepare for CRA inspections, avoid violations, and protect their licenses.

Why This Matters Now

Continue Reading Protect Your License: Dykema Launches Michigan Cannabis Compliance & Risk Mitigation Training

Takeaways

  • The Texas Senate is advancing Senate Bill 5 (SB 5), which would impose one of the strictest bans on hemp-derived THC products in the nation, including criminal penalties for manufacturers, distributors, and consumers.
  • SB 5 defines “detectable” THC with vague thresholds, creating potential compliance challenges and legal uncertainty for the hemp industry.
  • Governor Abbott favors a regulated THC system with low milligram caps over a full prohibition, setting up ongoing tension with Senate leadership.

The Texas Legislature kicked off a special session Monday, July 21, 2025, to address more than a dozen matters, including responding to Governor Greg Abbott’s recent veto of a full THC ban (as previously reported). Now that the first week of Senate action has concluded, it’s obvious that the Senate is not backing down. The Senate State Affairs Committee unanimously reported out Senate Bill 5 (SB 5), which, like the vetoed Senate Bill 3, would ban virtually all consumable hemp-derived THC products. Like its predecessor, SB 5 would impose criminal penalties on manufacturers, distributors, and consumers of any product containing a detectable amount of THC, with narrow exceptions for non-psychoactive cannabinoids such as CBD and CBG.Continue Reading Texas Senate Continues to Push Broad Ban on Hemp-Derived THC in Special Session