On August 30, 2022, the Wayne County Circuit Court issued rulings denying injunctive relief to several cannabis companies that challenged the implementation of the City of Detroit’s adult-use cannabis ordinance (the “Ordinance”). In addition to denying motions for preliminary injunctions, the Court also dismissed the cases entirely. In doing so, the court reached several conclusions that are at odds with a full reading of Michigan’s cannabis statutes and rules. The opinions can be found here: Case No. 22-006534-CZ Jars Holding LLC et al v. City of Detroit; and here: Case No. 22-00594-CZ House of Dank et al v. City of Detroit.

Following these rulings, the City began accepting adult-use applications on September 1 and will accept applications until September 30. It has been a long and torturous route to get to this point.
Continue Reading Detroit Opens Adult-Use Retail Licensing After Victory in Court

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.
Continue Reading Rapid Growth of the Adult-Use Market Is Underscored by New Opinion From Michigan Court of Appeals

On February 15, 2022, the Michigan House Committee on Regulatory Reform considered HB 5706. The Michigan Regulation and Taxation of Marihuana Act (“MRTMA”) does not address how Michigan’s Native American tribes participate in Michigan’s adult-use marijuana industry. HB 5706 creates a pathway for state-licensed and tribally licensed establishments to purchase from and sell to one another.
Continue Reading Michigan Legislature Addresses Native American Tribes in New Marijuana Legislation

As we have previously reported, the city of Portland, Maine, has been the most prominent recent test case over municipalities seeking to favor their own residents in marijuana licensing.

On August 14, 2020, a federal court granted a preliminary injunction in favor of out-of-state businesses claiming that the City’s licensing system unconstitutionally favored residents over non-residents by basing licensing decisions in part on whether an applicant is a Maine resident. August 14, 2020 Order, Wellness Connection v. City of Portland, Docket No. 2:20-CV-00208-NT (W.D. Maine). In granting the injunction, the court held that the City failed to justify that its residency preference was necessary to achieve a legitimate purpose, which the City argued “was to ensure that the City understood the amount and quality of oversight and could easily verify any past violations.” Id. at 24.

Continue Reading Federal Court Signals Municipalities Cannot Give Preference to Residents for Marijuana Licenses