Five Stories That Matter in Michigan This Week – September 22, 2023

  1. Ten Michigan Colleges Will Accept Any State High School Graduate with GPA of 3.0 or Higher

A coalition of 10 public colleges announced this week they will admit any in-state student with at least a 3.0 GPA for admission next fall. The colleges, including Central Michigan University and Eastern Michigan University, also formed the Michigan Assured Admission Pact.

Why it Matters: The Michigan economy requires a well-educated workforce, including high school graduates who are motivated to attend college. According to the Western Interstate Commission for Higher Education, the number of high school graduates in Michigan has been declining since 2008.

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  1. Michigan Supreme Court Modifies Open and Obvious Legal Doctrine

Recently, the Michigan Supreme Court significantly modified a decades old legal doctrine that will have wide reaching impacts on property owners and lessees. In its decision in a pair of consolidated cases (Kandil-Elsayed v F & E Oil, Inc and Pinsky v Kroger Co of Mich), the state’s high court effectively abrogated a legal doctrine known as “open and obvious.”

Why it Matters: Now, in light of the Kandil-Elsayed and Pinsky decisions, the nature of an open and obvious condition is evaluated as an element of comparative fault that may reduce a plaintiff’s recovery but will not act as complete bar to recover. Moreover, the issue of comparative fault is a question of fact (that is a determination to be made by the jury). Learn more.

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  1. Attorney Michael H. Perry Honored as “Lawyer of the Year” in Environmental Law in Lansing

Fraser Trebilcock attorney Michael H. Perry has been named the Best Lawyers in America© 2024 Environmental Law “Lawyer of the Year” in Lansing. This is a high distinction, as only one attorney in each practice area in each community is identified as “Lawyer of the Year.”

Why it Matters: “I am honored to be recognized by Best Lawyers© as a 2024 ‘Lawyer of the Year’ for Environmental Law in Lansing,” said Mike Perry. Because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers© is considered a singular honor. Only five percent of attorneys in Michigan are awarded the honor. Read more about Mike.

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  1. CRA Publishes August 2023 Data; Average Price Decreases

Per data released by the Cannabis Regulatory Agency, the average retail price for adult-use sales of an ounce of cannabis is $94.16, a decrease from $98.65 in July. This is still a large decrease from August 2022, where the average price was $116.84.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series.

Why it Matters: From understanding the capabilities of AI models like ChatGPT to creating customized workflows using API integrations and automation tools, discover how AI can drive innovation and efficiency across industries. Learn more.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Insurance Law | Ryan Kauffman
Environmental Law | Mike Perry
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – September 15, 2023

  1. Michigan House Bill Would Provide Tax Credit for High School or College Graduates Who Move to Michigan

Michigan House Bill 4934, which is pending in the House, would provide tax incentives for high school and college graduates outside of Michigan to move to the state. The bill would allow them to claim a tax credit the taxpayer paid on a qualified student loan during the tax year on student loans paid starting Jan. 1, 2024. 

Why it Matters: The bill would address two challenges: (1) the heavy burden of student loan debt for many young people, and (2) the “talent gap” faced by Michigan employers.

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  1. Attorney Michael H. Perry Honored as “Lawyer of the Year” in Environmental Law in Lansing

Fraser Trebilcock attorney Michael H. Perry has been named the Best Lawyers in America© 2024 Environmental Law “Lawyer of the Year” in Lansing. This is a high distinction, as only one attorney in each practice area in each community is identified as “Lawyer of the Year.”

Why it Matters: “I am honored to be recognized by Best Lawyers© as a 2024 ‘Lawyer of the Year’ for Environmental Law in Lansing,” said Mike Perry. Because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers© is considered a singular honor. Only five percent of attorneys in Michigan are awarded the honor. Read more about Mike.

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  1. Detroit Mayor Discusses New Land Value Tax Plan With Lawmakers

This week, Detroit Mayor Mike Duggan spoke to lawmakers at the House Tax Policy Committee hearing on his land value tax plan, which would change property taxes while encouraging economic growth across Detroit.

Why it Matters: According to the plan laid out online, if enacted, would replace certain tax rates for homes and property structures with a higher rate of tax on land, with the purpose of targeting unused, unproductive, or vacant land while providing benefits to homeowners and businesses.

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  1. Michigan Cannabis Sales Exceed $276 Million in August

Cannabis sales surpassed $276 million in August, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $270,628,119.44, while medical sales came in at $5,643,278.24, totaling $276,271,397.68. 

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.

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  1. Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series. 

Why it Matters: From understanding the capabilities of AI models like ChatGPT to creating customized workflows using API integrations and automation tools, discover how AI can drive innovation and efficiency across industries. Learn more.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Environmental Law | Mike Perry
Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher 

Five Stories That Matter in Michigan This Week – September 1, 2023

  1. Will Michigan High School Athletes Gain NIL Rights?

Michigan House Bill 4816, sponsored by Rep. Jimmie Wilson Jr. (D-Ypsilanti), would allow high school athletes in Michigan to profit from name, image and likeness (NIL) deals if passed.

Why it Matters: 19 states have laws that allow high school athletes to profit off of use of their NIL. The market for NIL deals is growing—various projections estimate that NIL revenue earned by athletes will top $1 billion this year.

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  1. Fraser Trebilcock Lawyers Selected Among ‘The Best Lawyers in America©’ 2024 Edition in Lansing

Fraser Trebilcock is proud to announce that 10 attorneys from the firm have been selected for inclusion in The Best Lawyers in America© 2024 edition in Lansing. Only five percent of attorneys in Michigan are awarded with the honor.

Why it Matters: Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on an exhaustive peer-review survey in which almost 87,000 leading attorneys cast nearly ten million votes on the legal abilities of other lawyers in their practice areas; because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Learn which Fraser attorneys were selected.

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  1. Hosting an Event that Involves Cannabis in Michigan Requires Proper Licensing

As the legal cannabis industry continues to grow in Michigan, more events involving the consumption of cannabis are being hosted across the state. As the Cannabis Regulatory Agency (CRA) discussed in a recent information release, such events require proper licensing. Specifically, according to the CRA, “CRA rules require a person who allows consumption of marijuana products on the premises of a non-residential location – and charges a fee for entry, sells goods or services while individuals are consuming on the premises, or requires membership for entry – must acquire either a designated consumption establishment license or a temporary marijuana event license. An application for a temporary marijuana event license must be submitted 90 days prior to the date of the event.”

Why it Matters: Violations of requirements may result in disciplinary action.

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  1. Housing Inequality May be on the Michigan Legislature’s Agenda this Fall

Recent news reports suggest that one of the Michigan’s legislature’s priorities for this fall will be to pass a slate of bills meant to address housing inequality. This may include a 15-20 omnibus bill package addressing issues such as (according to Mlive.com) “efforts to clarify the organizing rights of tenants, requiring landlords pay for the relocation of tenants with red-tagged buildings and establishing a standard criteria for what a housing inspector may consider a safe and livable dwelling.”

Why it Matters: With high mortgage rates and low for-sale housing inventory, affordable housing is a hot-button issue for many Michiganders. Data from the National Low Income Housing Coalition’s Out of Reach report ranked Michigan 28th worst in the nation for rental affordability.

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  1. Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series.

Why it Matters: From understanding the capabilities of AI models like ChatGPT to creating customized workflows using API integrations and automation tools, discover how AI can drive innovation and efficiency across industries. Learn more.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Real Estate | Jared Roberts
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – August 25, 2023

  1. Housing Inequality May be on the Michigan Legislature’s Agenda this Fall

Recent news reports suggest that one of the Michigan’s legislature’s priorities for this fall will be to pass a slate of bills meant to address housing inequality. This may include a 15-20 omnibus bill package addressing issues such as (according to Mlive.com) “efforts to clarify the organizing rights of tenants, requiring landlords pay for the relocation of tenants with red-tagged buildings and establishing a standard criteria for what a housing inspector may consider a safe and livable dwelling.”

Why it Matters: With high mortgage rates and low for-sale housing inventory, affordable housing is a hot-button issue for many Michiganders. Data from the National Low Income Housing Coalition’s Out of Reach report ranked Michigan 28th worst in the nation for rental affordability.

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  1. Business Education Series – Practical A.I. Business Solutions

Explore the transformative potential of Artificial Intelligence in the business landscape during our Lansing Regional Chamber of Commerce Business Education Series. 

Why it Matters: From understanding the capabilities of AI models like ChatGPT to creating customized workflows using API integrations and automation tools, discover how AI can drive innovation and efficiency across industries. Learn more.

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  1. Michigan Supreme Court Clarifies the Difference Between “Requirements” and “Release-by-Release” Contracts Under the Uniform Commercial Code

In an important decision that impacts customers and suppliers in the manufacturing industry, the Michigan Supreme Court, in MSSC, Inc. v. AirBoss Flexible Prods. Co., clarified the contractual circumstances under which a supplier can become bound to a long-term “requirements contract” under the Uniform Commercial Code.

Why it Matters: In light of the Supreme Court’s decision, buyers and sellers of goods should review their contracts with legal counsel to evaluate whether they meet the standards for a requirements contract. Read more on the topic from your Fraser Trebilcock attorney.

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  1. CRA Publishes July 2023 Data; Average Price Increases

Per data released by the Cannabis Regulatory Agency, the average retail price for adult-use sales of an ounce of cannabis is $98.65, an increase from $89.27 in June. This is still a large decrease from July 2022, where the average price was $121.58.  

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions. 

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  1. Michigan Supreme Court Rules on Open and Obvious Doctrine

In its decision in a pair of consolidated cases (Kandil-Elsayed v F & E Oil, Inc and Pinsky v Kroger Co of Mich), the state’s high court did away with a legal doctrine known as “open and obvious.” Generally speaking, under this doctrine, a premises possessor (whether that is the landowner, land contract vendee, lessee, or other party with the right to possess the property) does not have a duty to warn individuals of potentially dangerous conditions on the premises if the condition is “open and obvious.”

Why it Matters: What happens next is anybody’s guess, but likely effects of this decision include an increase in the number of personal injury lawsuits filed, an increase in the number of personal injury cases going to trial, and across the board increases in property insurance rates for commercial and residential property owners.

Related Practice Groups and Professionals

Real Estate | Jared Roberts
Business & Tax | Robert Burgee
Cannabis Law | Sean Gallagher

Five Stories That Matter in Michigan This Week – August 11, 2023

  1. CRA Issues Bulletin, Recalling Vape Cartridges Due to Possible Presence of Banned Chemical

On July 21, 2023, the Cannabis Regulatory Agency (“CRA”), issued a public health safety bulletin, recalling more than 13,000 vape cartridges “due to the possible presence of banned chemical residue exceeding the established action limits.”

Why it Matters: Sky Labs, LLC, is the licensed marijuana processor who manufactured the three batches of vape cartridges that were recalled. Businesses operating in the cannabis market are required to adhere to strict rules and regulations laid out by the CRA. Failure to do so can result in steep fines, recalled product, and potential loss of license(s).

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  1. Business Education Series – Setting Meaningful Goals and Time Blocking for Success

On August 22, 2023, gain valuable knowledge and skills to set meaningful goals, establish priorities, and effectively manage their time through the practice of time blocking.

Why it Matters: Participants will learn practical strategies and techniques to enhance their goal-setting abilities, develop a clear sense of direction, and optimize their productivity. Learn more.

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  1. Michigan Supreme Court Alters Premises Liability Framework

Michigan courts have long held that premises owners generally have no duty to protect invitees from “open and obvious” hazards. In a recent decision (Kandil-Elsayed v F&E Oil, Inc and Pinsky v Kroger Co of Michigan), the Michigan Supreme Court held that whether a hazard is open and obvious is not an integral part of duty but is instead “relevant to breach and the parties’ comparative fault.” The Court overruled the special-aspects exception, holding that “when a land possessor should anticipate the harm that results from an open and obvious condition, despite its obviousness, the possessor is not relieved of the duty of reasonable care.”

Why it Matters: This decision significantly changes the legal standards in premises liability cases, particularly slip-and-fall cases.

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  1. Fraser Trebilcock Attorney Thaddeus Morgan Obtains Summary Judgment for Firm Client; Sixth Circuit Affirms Dismissal

The U.S. Court of Appeals for the Sixth Circuit affirmed a decision by the U.S. District Court for the Western District of Michigan, which granted summary judgment for the firm’s client, who was represented by Fraser Trebilcock attorney Thaddeus Morgan.

Why it Matters: The U.S. Court of Appeals for the Sixth Circuit did not find either of the district court’s decisions erroneous, affirming the denial of the Plaintiff’s motion to amend and granting summary judgment to the defendants.

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  1. Michigan Supreme Court Rules that New No-Fault Law Does Not Apply Retroactively

On July 31, 2023, the Michigan Supreme Court affirmed, in part, a court of appeals decision ruling that medical cost controls in Michigan’s new no-fault auto insurance law do not apply retroactively to car crash victims whose accidents occurred prior to the change in the law.

Why it Matters: As a result of the ruling, drivers who were catastrophically injured in accidents prior to the no-fault must be paid at full rates and not be subject to new cost controls for medical services.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Business & Tax | Ed Castellani
Insurance Law | Gary Rogers
Litigation | Thaddeus Morgan

Five Stories That Matter in Michigan This Week – August 4, 2023

  1. Michigan Supreme Court Rules that New No-Fault Law Does Not Apply Retroactively

On July 31, 2023, the Michigan Supreme Court affirmed, in part, a court of appeals decision ruling that medical cost controls in Michigan’s new no-fault auto insurance law do not apply retroactively to car crash victims whose accidents occurred prior to the change in the law.

Why it Matters: As a result of the ruling, drivers who were catastrophically injured in accidents prior to the no-fault must be paid at full rates and not be subject to new cost controls for medical services.

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  1. Marijuana Business Can’t Sue State Authority Due to Federal Illegality of Marijuana

On July 31, 2023, US District Court Judge Paul Maloney dismissed a lawsuit filed by Viridis Laboratories against four employees working for the state’s Cannabis Regulatory Agency stemming from a 2021 recall the agency issued against Viridis, pulling nearly $230 million worth of marijuana from retail shelves.

Why it Matters: In Viridis’s lawsuit, it claims that the recall violated its right to due process under the U.S. Constitution when it was unable to challenge the allegations in court. However, federal law prohibits marijuana and characterizes it as illegal contraband, leading to Judge Maloney dismissing the lawsuit on grounds that constitutional protections do not apply to illegal entities. Learn more.

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  1. Second Quarter Surpasses First Quarter for Michigan Marijuana Sales in 2023

Per data from the Cannabis Regulatory Agency, the second quarter total sales of both medical and adult-use marijuana sales totaled $752,771,513.25, surpassing the first quarter total sales of $673,367,341.50.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. Keep Your Michigan Cottage in the Family

The family cottage is a place for fun and relaxation in Michigan. For many, the family cottage becomes the meeting place for generations and where lifelong memories are made. As a result, it’s often the intent of the owner to pass the cottage on to future generations to enjoy. Unfortunately, challenges such as high property taxes and family disputes can prevent that from happening. These obstacles can be overcome through careful cottage succession planning.

Why it Matters: If you own a cottage in Michigan, our Cottage Law team can help you think through the issues and take the actions necessary to create a cottage plan. A cottage plan usually addresses the concerns through the creative use of a limited liability company (LLC) or a trust to own the property. Learn more from your cottage law attorney.

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  1. Business Education Series – Setting Meaningful Goals and Time Blocking for Success

On August 22, 2023, gain valuable knowledge and skills to set meaningful goals, establish priorities, and effectively manage their time through the practice of time blocking.

Why it Matters: Participants will learn practical strategies and techniques to enhance their goal-setting abilities, develop a clear sense of direction, and optimize their productivity. Learn more.

Related Practice Groups and Professionals

Insurance Law | Gary Rogers
Cannabis Law | Sean Gallagher
Cottage Law | Mark Kellogg
Business & Tax | Ed Castellani

Five Stories That Matter in Michigan This Week – July 28, 2023

  1. Detroit City Council Approves Amendment that Gives Cannabis Businesses More Options on Where to Locate

The zoning amendment shrinks the distance various cannabis businesses must be located from “controlled uses” (such as liquor stores) from 1,000 feet to 750 feet. It also allows cannabis businesses to be located 500 feet from each other—previously they were required to be 1,000 feet apart. It’s still uncertain when the amendment will take effect.

Why it Matters: The amendment passed in advance of Detroit accepting a new round of applications for cannabis dispensaries, micro businesses, and consumption lounges.

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  1. Business Education Series – Setting Meaningful Goals and Time Blocking for Success

On August 22, 2023, gain valuable knowledge and skills to set meaningful goals, establish priorities, and effectively manage their time through the practice of time blocking.

Why it Matters: Participants will learn practical strategies and techniques to enhance their goal-setting abilities, develop a clear sense of direction, and optimize their productivity. Learn more.

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  1. CRA Publishes June 2023 Data, Average Price Decreases Slightly

Per data from the Cannabis Regulatory Agency, the average retail price for adult-use sale of an ounce of cannabis is $89.27, a small decrease from $90.64 in May. This is still a large decrease from the average price in June 2022, when it was $122.43.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. Avoiding a Strike, UPS and Teamsters Settle Labor Negotiations

Earlier this week, UPS and the International Brotherhood of Teamsters (Teamsters) reached a tentative collective bargaining agreement, avoiding a possible strike when the current contract would have expired August 1, 2023.

Why it Matters: It was estimated that the potential UPS strike could have cost the US economy  more than $7 billion, with $4 billion in losses for consumers and small businesses.

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  1. Client Alert: PCORI Fees Due by July 31, 2023!

In Notice 2022-59 the Internal Revenue Service set forth the PCORI amount imposed on insured and self-funded health plans for policy and plan years that end on or after October 1, 2022, and before October 1, 2023.

Why it Matters: Notice 2022-59 sets the adjusted applicable dollar amount used to calculate the fee at $3.00. Specifically, this fee is imposed per average number of covered lives for plan years that end on or after October 1, 2022, and before October 1, 2023. For self-funded plans, the average number of covered lives is calculated by one of three methods: (1) the actual count method; (2) the snapshot method; or (3) the Form 5500 method. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Labor, Employment & Civil Rights | Dave Houston
Employee Benefits | Bob Burgee
Employee Benefits | Sharon Goldzweig

Five Stories That Matter in Michigan This Week – July 21, 2023

  1. The Pregnant Workers Fairness Act Took Effect June 27, 2023

A new federal employment law, the Pregnant Workers Fairness Act (PWFA), took effect on June 27, 2023. Pursuant to the PWFA, employers with 15 or more employees are required to provide “reasonable accommodations” to nursing and pregnant employees unless it would cause “undue hardship.”

Why it Matters: Failure to abide by the PWFA can expose employers to liability, including back pay, reinstatement, and reasonable attorney’s fees for an affected employee.

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  1. Cannabis to be Removed from State of Michigan Pre-employment Drug Tests Starting This Fall

Beginning October 1, 2023, cannabis will be removed from pre-employment drug tests for most state jobs following a recent vote from the Michigan Civil Service Commission.

Why it Matters: Jobs that require a commercial driver’s license, operate heavy machinery, law enforcement, and healthcare workers are among the sectors not included in this change and still prohibit cannabis use. Learn more.

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  1. CRA Publishes June 2023 Data, Average Price Decreases Slightly

Per data from the Cannabis Regulatory Agency, the average retail price for adult-use sale of an ounce of cannabis is $89.27, a small decrease from $90.64 in May. This is still a large decrease from the average price in June 2022, when it was $122.43.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. Client Alert: PCORI Fees Due by July 31, 2023!

In Notice 2022-59 the Internal Revenue Service set forth the PCORI amount imposed on insured and self-funded health plans for policy and plan years that end on or after October 1, 2022, and before October 1, 2023.

Why it Matters: Notice 2022-59 sets the adjusted applicable dollar amount used to calculate the fee at $3.00. Specifically, this fee is imposed per average number of covered lives for plan years that end on or after October 1, 2022, and before October 1, 2023. For self-funded plans, the average number of covered lives is calculated by one of three methods: (1) the actual count method; (2) the snapshot method; or (3) the Form 5500 method. Learn more from your Fraser Trebilcock attorney.

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  1. Supreme Court Strikes Down Affirmative Action in Higher Education

On June 29, 2023, in a 6–3 decision, the U.S. Supreme Court ruled that Harvard’s, and the University of North Carolina’s admissions programs violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution, as well as Title VI of the federal Civil Rights Act.

Why it Matters: The Supreme Court held that both universities’ admissions programs violated equal protection. While the Court had permitted race-based college admissions as an exception to the Equal Protection Clause in the past, it did so on the basis that such programs satisfy the “strict scrutiny” standard, could not utilize race as a stereotype, and had to be finite. Learn more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | Dave Houston
Cannabis Law | Sean Gallagher
Employee Benefits | Bob Burgee
Employee Benefits | Sharon Goldzweig
Higher Education | Ryan Kauffman

Five Stories That Matter in Michigan This Week – July 14, 2023

  1. Supreme Court Outlaws Affirmative Action in College Admissions

The U.S. Supreme Court struck down affirmative action in college admissions, ruling that race cannot be a factor and requiring institutions of higher education to seek new ways to achieve diverse student bodies.

Why it Matters: While the Court’s ruling was related specifically to college admissions policy, it may have a downstream effect on private-sector employers who may be forced to rethink and redesign certain hiring practices and diversity, equity and inclusion programs. In particular, in light of the Court’s ruling, there may be more challenges in the form of lawsuits to such programs and practices moving forward.

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  1. New Film Incentives for Michigan Proposed by Lawmaker

Michigan state Senator Dayna Polehanki recently introduced a new proposal to offer filmmakers a tax credit for movies filmed in Michigan, including a 25% credit for Michigan-based goods and services expenses, and an extra 5% if statements like “Filmed in Michigan” or “Pure Michigan” are included in the film credits.

Why it Matters: Michigan previously had a film incentive, which was ended in 2015. Advocates argue that such incentives can create jobs and lead to new entrepreneurial endeavors. Critics of such incentives suggest that they do little to help local economies.

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  1. Governor Whitmer Unveils MiLEAP

Governor Gretchen Whitmer signed an executive order creating a new department focusing on preschool and postsecondary education. The new department will be called the Michigan Department of Lifelong Education, Advanced and Potential, or MiLEAP.

Why it Matters: MiLEAP will partner with the state’s Department of Education and State Board of Education to create and implement a plan to strengthen the state’s preschool and postsecondary education. Learn more.

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  1. Michigan Cannabis Sales Exceed $260 Million in June

Cannabis sales surpassed $260 million in June, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $254,153,133.37, while medical sales came in at $6,643,877.89, altogether totaling $245,919,258.96.

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

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  1. NLRB’s Atlanta Opera Ruling Imposes Stricter Independent Contractor Test on Employers

On June 13, 2023, the National Labor Relations Board (“NLRB”) ruled in the closely watched The Atlanta Opera, Inc. case, restoring the multifactor common-law framework the NLRB established in 2014 for worker classification.

Why it Matters: The ruling is significant because it establishes the test for classifying workers as either employees or independent contractors under the National Labor Relations Act (“NLRA”); the test—a return to pre-2019 standards—makes it harder to classify workers as independent contractors, and independent contractors are excluded from the NLRA’s protections for labor organizing activities. Learn more on the subject.

Related Practice Groups and Professionals

Higher Education | Ryan Kauffman
Business & Tax | Ed Castellani
Cannabis Law | Sean Gallagher
Labor, Employment & Civil Rights | Dave Houston

Five Stories That Matter in Michigan This Week – June 16, 2023

  1. Changes to Michigan’s Elliott-Larsen Civil Rights Act

Employers should be aware of recent actions taken by the Michigan legislature with respect to Michigan’s Elliott-Larsen Civil Rights Act (ELCRA). Governor Whitmer recently signed into law an amendment that extends the ELCRA’s prohibitions against discrimination to individuals who have terminated a pregnancy. On June 8, 2023, the Michigan House of Representatives voted to pass, which amends the definition of race within ELCRA to ban discrimination based on hair and other traits associated with racial or ethnic identity. Governor Whitmer is expected to sign this bill into law.

Why it Matters: Lawmakers who introduced the bills argue that the legislation will increase access to support services for domestic and sexual violence victims, and also will protect their privacy and shielding them from additional harassment.

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  1. CRA Publishes May 2023 Data, Average Price Hovers

Per data released by the Cannabis Regulatory Agency, the average retail price for adult-use sales of an ounce of cannabis is $90.64, a small increase from $87.76 in April. This is still a large decrease from May 2022, where the average price was $130.62.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices. Contact our cannabis law attorneys if you have any questions.

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  1. Fraser Trebilcock Attorney Obtains Dismissal for Firm Client

Fraser Trebilcock attorney Jared Roberts recently obtained a dismissal in a circuit court case brought against a brokerage and salesperson.

Why it Matters: In this case, which involved interpretation of transaction documents, a county “Time of Sale” well and septic inspection ordinance and water quality issues, Mr. Roberts obtained dismissal in the first responsive document. Learn more about their practice and how they may be able to assist.

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  1. Detroit Mayor Unveils Land Value Tax Plan

At the Mackinac Policy Conference in May, Detroit Mayor Mike Duggan announced a proposal, called the Land Value Tax Plan, that if passed, would change property taxes while encouraging economic growth across Detroit.

Why it Matters: According to the plan laid out online, if enacted, would replace certain tax rates for homes and property structures with a higher rate of tax on land, with the purpose of targeting unused, unproductive, or vacant land while providing benefits to homeowners and businesses.

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  1. CRA Revokes License for Marijuana Business for Illicit Products

The Michigan Cannabis Regulatory Agency announced on June 15 that it was revoking the license for marijuana business Candid Labs, which operates as Layercake Farms 2, after they were found to have illicit and unlicensed marijuana, in addition to other license violations including an inoperable video surveillance system.

Why it Matters: A requirement that every marijuana business must adhere to is properly working video surveillance system that is in place 24 hours a day, seven days a week, at all licensee locations. Failure to comply will result in fines, possible license suspension and/or license being revoked. Contact our cannabis law attorneys if you have any questions.

Related Practice Groups and Professionals

Labor, Employment & Civil Rights | Dave Houston
Cannabis Law | Sean Gallagher
Real Estate | Jared Roberts