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

Yesterday, it became public that Michigan Cannabis Regulatory Agency Executive Director Andrew Brisbo will soon be leaving the agency.

Having spent nearly two decades working in licensing and regulation with the state of Michigan, Director Brisbo served with distinction as the first director of the Michigan Bureau of Medical Marihuana Regulation. Appointed by Governor Gretchen Whitmer to head the CRA in April 2019, Director Brisbo is credited for managing the state’s cannabis policy evolution and the rapid growth of the agency. …
Continue Reading Agency Head Announces Departure: What’s Next for Michigan’s Cannabis Industry

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

MRA - CRA

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. …
Continue Reading Agency Name Change: Meet the Michigan Cannabis Regulatory Agency

Earlier this month, a cannabis company located in Manistee, Michigan, announced that its dispensary workers successfully unionized, marking the first instance of organized labor in the state’s cannabis industry. The company’s dispensary workers are now members of United Food and Commercial Workers Local 876. While Michigan has a long history of unionized workforces, this is a new development for the state’s cannabis industry. Industry employers should take note of some key considerations when managing a union shop.[1]…
Continue Reading Organized Labor Rolls Up To The Michigan Cannabis Industry