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Five Stories That Matter in Michigan This Week – March 29, 2024

  1. Cannabis Regulatory Agency Takes Disciplinary Action

The Michigan Cannabis Regulatory Agency recently released its February 2024 Disciplinary Action Report, which details administrative formal complaints and disciplinary actions taken against adult-use/medical licensees in February by the CRA. The list is extensive, and the disciplinary action imposed ranges from fines to license suspension.

Why it Matters: Michigan cannabis rules and regulation are complex, cumbersome, and, as we see from the CRA’s most recent Disciplinary Action Report, aggressively enforced by the agency. For assistance in understanding and complying with Michigan’s cannabis industry regulatory framework, please contact a member of our Cannabis Law team.


  1. Corporate Transparency Act Update

As anticipated, the finding by a federal judge in Alabama that the Corporate Transparency Act is unconstitutional has prompted (or at least been echoed by) challenges elsewhere, including in federal courts in Maine and in Michigan. FinCEN filed its appeal notice in the Alabama suit earlier this month, meaning that a decision by the 11th Circuit Court of Appeals may be forthcoming. The suits in Maine and Michigan were brought in courts covered by the 5th and 6th Circuit Courts of Appeals, which could be the beginning of a series of events that brings the question of the CTA’s constitutionality before the United States Supreme Court as a result of a possible Circuit split.

Why it Matters: Reporting companies that were formed prior to January 1, 2024, may find it advantageous to continue collecting their beneficial owner information but postpone filing the report until some of these matters have worked through their respective processes. Entities created on or after January 1, 2024, however, will still need to file their reports within 90 days of filing their organizing documents, as their reporting obligations have not been excused. Learn more from attorney Bob Burgee.


  1. Michigan Cannabis Exceeds $261 Million in February ‘24

Cannabis sales surpassed $242 million in February, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $258,857,645.20, while medical sales came in at $2,178,744.68, totaling $261,036,389.88.

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.


  1. A Health Professional’s Guide to Navigating the Disciplinary Process: What to Expect if You Are Facing a Professional Licensing Investigation or Administrative Complaint

Health professionals are committed to caring for patients with expertise, compassion, and integrity. However, in the heavily regulated healthcare field, those professionals can sometimes find themselves navigating not just the medical challenges of their patients but licensing issues of their own as well. Licensing issues can arise unexpectedly, and, when they do, they can cause tremendous stress and uncertainty.

Why it Matters: As an attorney with years of experience handling professional licensing matters for health professionals, Robert J. Andretz has witnessed firsthand how professional licensing investigations and Administrative Complaints can disrupt health professionals’ careers and their ability to provide patient care. He will explore how to navigate the disciplinary process in Michigan so that you can know what to expect if you are ever faced with a threat to your license. Learn more.


  1. The Uniform Power of Attorney Act

The Uniform Power of Attorney Act (UPOAA or Act), 2023 PA 187, was signed into law in November 2023 and goes into effect July 1, 2024. It repeals Michigan’s current statutory law on durable powers of attorney, specifically Sections 700.5501-700.5505 of the Estates and Protected Individuals Code (EPIC). The UPOAA is not part of EPIC, instead, it is a stand-alone statute located at MCL 556.201 et. seq.

Why it Matters: The UPOAA will apply to all powers of attorney in Michigan beginning July 1, 2024, with certain exceptions. Read more from attorney Melisa M.W. Mysliwiec.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Business & Tax | Robert Burgee
Health Care Law Robert Andretz
Trusts & Estates | Melisa M.W. Mysliwiec