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Five Stories That Matter in Michigan This Week – December 8, 2023

  1. Governor Whitmer Signs Executive Order for State Vehicles to be Zero-Emission by 2040

On Tuesday, Governor Whitmer signed an executive directive mandating the state government to convert its fleet of cars and trucks to zero-emission vehicles by 2040.

Why it Matters: In a statement accompanying the directive, Governor Whitmer stated that the transition would reduce air pollution, help boost demand for Michigan-made electric vehicles, and lower fuel costs. The directive comes on the heels of Governor Whitmer signing legislation that will impose a new 100% clean energy standard for utilities to hit by 2040.


  1. Patentable vs. Infringing: What’s the Difference?

The patent system is intended to spur innovation, incentivize inventors, and protect against infringement. One of the big challenges innovators face in this realm is understanding patentability and what constitutes infringement.

Why it Matters: The distinction between what is patentable and what is infringing is defined by the scope of the patent claims. For instance, a new invention that improves upon a patented product may still be patentable even though the envisioned product itself may infringe on the patented claims. On the other hand, a product that is not patentable may also infringe granted patents. Learn more from your Fraser Trebilcock attorney.


  1. Michigan Supreme Court Hears Arguments on Minimum Wage

Earlier this week, the Michigan Supreme Court heard arguments on whether the “adopt-and-amend” actions on two ballot initiatives from 2018 that alter the state’s minimum wage and paid sick leave requirements were constitutional.

Why it Matters: The Michigan Supreme Court is anticipated to make a decision in 2024. If the Supreme Court upholds the adopt-and-amend process that the Court of Appeals deemed constitutional, then employers will operate under the current minimum wage and paid sick leave requirements. However, if the process is found unconstitutional and the Supreme Court overrules the lower court’s decision, then it would reinstate the original 2018 initiatives on minimum wage and paid sick leave requirements.


  1. Ohio Senate Passes Bill Altering Legal Cannabis Program

On Wednesday, the Ohio Senate voted on a proposal that would alter the state’s legal cannabis program, after voters passed Issue 2 in November, allowing the sale of recreational cannabis to adults 21 years or older.

Why it Matters: The bill now moves onto the House, and if it passes, the Governor has indicated he will sign it. Some of the proposed changes include reducing the number of homegrown plants allowed to 6 (from 12), increasing the tax on sales from 10% to 15%, allowing medicinal shops to sell to recreational users, and altering the way tax revenue would be spent, allocating funds to different programs.


  1. Michigan Cannabis Sales in Third Quarter Nearly $75 Million More than Second Quarter

Michigan cannabis sales totaled $827,737,257.25 in the third quarter of 2023, a nearly $75 million increase from the second quarter in which sales totaled $752,770,513.25.

Why it Matters: Marijuana sales remain strong in Michigan, particularly for recreational use. However, there still are significant concerns about profitability and market oversaturation that the industry is contending with.

Related Practice Groups and Professionals

Energy, Utilities & Telecommunication | Sean Gallagher
Intellectual Property | Andrew Martin
Labor, Employment & Civil Rights | David Houston
Cannabis Law | Sean Gallagher