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.”
Continue Reading Michigan Court of Claims Denies Request for Injunction Against State Over Local Licensing Decisions
Marijuana Regulatory Agency
Marijuana Regulatory Agency Sets Process for Accepting an Adult Use License Application from Any Applicant
On October 6, 2020, the Marijuana Regulatory Agency (“MRA”) announced that starting March 1, 2021 it would be removing the eligibility restriction on certain adult use license applications under the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”). Section 9 of MRTMA prohibits MRA from accepting an application from a person who does not hold a medical marihuana facility license under the Medical Marihuana Facilities Licensing Act (“MMFLA”), with the restriction applying to: Retailer, Processor, Class B Grower, Class C Grower, and Secure Transporter. Although the restriction was initially set to last for two years from the date MRA first began accepting Adult Use license, MRTMA allows MRA to rescind the prohibition after one year if MRA (as it did with the October 6 announcement) “determines that additional state licenses are necessary to minimize the illegal market for marihuana in this state.”
Continue Reading Marijuana Regulatory Agency Sets Process for Accepting an Adult Use License Application from Any Applicant
Michigan’s Marijuana Regulatory Agency Releases New Application Forms for Medical and Recreational Facilities: What to Know
Late last month, Michigan’s Marijuana Regulatory Agency (“MRA”) released its new Medical Marijuana Facilities License and Marijuana Establishment License (adult-use) application forms and instructions.
MRA’s new forms were issued in connection with the new topic-based administrative rules for both facility types released in the same week, which reflected lessons learned by the State and industry after operating under temporary and emergency rules since 2017. Under the new rules, all applicants are subject to the almost the same standards and requirements for both medical and adult-use licensing. Most of the application changes will serve to further streamline the application process, eliminating extraneous information that bogged down applications in the past. Applications remain a two-step process of submitting for prequalification (“Step 1”) and facility licensure (“Step 2”).Continue Reading Michigan’s Marijuana Regulatory Agency Releases New Application Forms for Medical and Recreational Facilities: What to Know
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.
Continue Reading Michigan Marijuana Regulatory Agency Furloughs Likely to Cost State Money
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.
Continue Reading Michigan Continues to Respond to Cannabis Industry Needs