marijuana | Fraser Blog

Five Stories That Matter in Michigan This Week – March 1, 2024

Growing Marijuana in Michigan – No Matter the Amount – is a Misdemeanor

Late last week, the Michigan State Police shut down an illegal marijuana growing facility in Highland Park, seizing 4,000 marijuana plants and processed weed worth $6.3 million. It may surprise readers to know that, pursuant to a Michigan Court of Appeals ruling in October, 2023, the unlicensed growers may only face misdemeanor charges. In another case involving an illegal growing operation, the court ruled that violations that previously were subject to felony punishments should now be prosecuted under the Michigan Regulation and Taxation of Marijuana Act (the “Act”).

Why it Matters: Under the Act, it’s legal to store up to 10 ounces of marijuana, possess 2.5 ounces and grow up to 12 plants. Violations for exceeding those amounts range from civil infractions to misdemeanors. It will be interesting to see if these provisions will be revisited given that black market sales have been blamed for increased competition and falling prices for legal sales.

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Navigating the Cost and Process of Hiring a Trademark Attorney

In the fast-paced world of business, protecting your brand is paramount. Whether you’re a startup or a large corporation, safeguarding your trademarks is essential for maintaining your identity and reputation in the market. However, navigating the legal intricacies of trademark registration and enforcement can be complex and overwhelming. This is where a skilled trademark attorney can be your greatest ally.

Why it Matters: Without adequate protection, your trademarks are vulnerable to infringement, dilution, and misappropriation, which can result in lost revenue, brand erosion, and legal disputes. By securing federal trademark registration and enforcing your rights, you establish a legal foundation that empowers you to safeguard your brand and its value. Read more from attorney Andrew G. Martin.

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Fraser Trebilcock Attorney Michael E. Cavanaugh Named in Michigan Lawyers Weekly Class of 2024 Hall of Fame

Fraser Trebilcock attorney Michael E. Cavanaugh has been selected as a member of Michigan Lawyers Weekly “Hall of Fame Class of 2024.” This special award recognizes esteemed members of the legal profession who have been in practice for at least 30 years.

Why it Matters: Michigan Lawyers Weekly’s annual “Hall of Fame” award recognizes only twenty-one lawyers each year. These lawyers truly are legends, making their mark in the courtroom or the boardroom, in their firms and with community organizations, and with local, state and national bar associations. With their guidance and mentorship, they have launched hundreds of thriving legal careers and have left an indelible imprint on the profession through precedent-setting cases, high dollar outcomes and successful resolutions for their clients.

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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.

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Increase in the Small Business Property Tax Exemption

Eligibility for the so-called “Small Business Property Tax Exemption” has expanded. Legislation passed last October 2023, expands the exemption by increasing the eligibility limit to from the $80,000 true cash value limit to $180,000.

Why it Matters: The exemption is only for commercial and industrial personal property (residential/individuals are not subject to personal property taxes). Once filed, and if granted, the exemption will remain as long as the small business still qualifies. In other words, there is no need to file an exemption claim every year. Read more.

Related Practice Groups and Professionals

Five Stories That Matter in Michigan This Week – November 10, 2023

Michigan House of Representatives Soon to be Divided Equally Between Democrats and Republicans

As a result of two Michigan House representatives winning mayoral races in this week’s elections, the House will soon be divided equally, 54-54, between Democrats and Republicans.

Why it Matters: A year after taking full control of the Michigan legislature for the first time in decades, Democrats will now have a harder time moving their agenda forward. Any legislation in the House will now, assuming Democrat unity, require support from at least one Republican House member. Expect greater legislative gridlock moving forward given that legislation must pass both the Senate and the House in order to be sent to Governor Whitmer for ratification.

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Ohio Passes Ballot Measure; Legalizes Recreational Marijuana

Following Tuesday’s results, Ohio has become the 24^th state in the nation to legalize recreational marijuana.

Why it Matters: The measure will take effect in 30 days, meaning Ohio residents over the age of 21 will be able to use, grow, or sell marijuana under the supervision of the state’s regulatory body. Additionally, individuals are allowed to possess up to 2.5 ounces of marijuana and will be allowed to cultivate up to six marijuana plans at home. Learn more.

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Fraser Trebilcock Named a Tier 1 Law Firm in Lansing in Six Practice Areas for 2024

Fraser Trebilcock has received a First Tier ranking in Lansing in six practice areas by U.S. News – Best Lawyers® “Best Law Firms” in 2024.

Why it Matters: In addition to the First Tier ranking in six legal practice areas, Fraser Trebilcock has been named a Tier Two firm in Lansing for four practice areas and has also been named a Tier Three firm in Lansing for three practice areas. Learn more.

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Michigan Senate Passes Package of Clean Energy Bills

Three bills recently passed by the Michigan Senate would require companies to make 100% of their energy through renewables such as solar and wind by 2040, and also seeks to reduce energy waste, among other objectives. The bills have now moved to the Michigan House.

Why it Matters: Clean energy legislation is a major priority for Michigan Democrats but is opposed by Republicans and has received pushback from many business groups, who argue the legislation would increase energy costs.

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November Member Mixer in the Boji Tower

Join us for the November Member Mixer on Tuesday, November 14, at the historic Boji Tower, Lansing’s tallest and most historic building.

Why it Matters: Averaging 100+ attendees, Member Mixers occur on the second Tuesday of every month and provide an opportunity to gather and network, meet other members and business professionals and get a glimpse of a local business. Learn more.

Related Practice Groups and Professionals

Election Law | Thaddeus Morgan
Cannabis Law | Sean Gallagher
Energy, Utilities & Telecommunication | Sean Gallagher

Five Stories That Matter in Michigan This Week – June 2, 2023

Governor Whitmer Announces Initiative to Grow Michigan Population

Governor Whitmer made news at this week’s Mackinac Policy Conference by announcing a new initiative to grow Michigan’s population, which has remained relatively stagnant for the last few decades. The initiative will include the formation of a new “Growing Michigan Together Council,” which will develop a plan to attract new residents to the state and keep those currently in Michigan.

Why it Matters: A lack of population growth has inhibited Michigan’s economic growth, and hindered businesses’ efforts to find talented people to fill open jobs.

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Assets of Marijuana Business Skymint to be Auctioned

As we reported earlier, Skymint Brands was placed into receivership on March 7. Now, almost three months later, the receiver has determined that the best course of action for the receivership estate and the creditors is to sell off the assets of the business.

Why it Matters: While Michigan has experienced strong sales of recreational marijuana, prices per ounce have fallen significantly, making it difficult for many dispensaries to generate profits. The fact that Skymint’s assets were put into receivership is also noteworthy, as state court receivership has become an alternative to bankruptcy for distressed cannabis companies. Because cannabis is still illegal at the federal level, companies can’t access federal bankruptcy to reorganize or liquidate.

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Fiscal Responsibility Act of 2023 Passes

Earlier this week, the federal government passed the Fiscal Responsibility Act of 2023, which raised the debt ceiling and allowed the government to continue borrowing.

Why it Matters: With the passing of this act, the federal government avoids any possibility of default or shutdown, which can have sweeping effects at every level of government. This also allows the government to continue investing in infrastructure and economic development.

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June 5 Business Education Series

During this two-presentation dynamic program, attendees will learn about the SBA 504 Loan from the MCDC (Michigan Certified Development Corporation), and Government Contracts from APEX (formerly known as PTAC Procurement Technical Assistance Centers).

Why it Matters: The SBA 504 Loan presentation you will learn the basics of SBA 504 loan, the benefits and how to qualify and apply. MCDC is a non-profit certified by the US SBA to administer the SBA 504 Loan Program in Michigan. The SBA 504 loan provides small businesses with low-rate, long-term loans for building purchases, construction, machinery and equipment. In addition, these loans require a smaller down payment than what traditional lenders can offer, allowing the business owner to preserve capital. Learn more and to register.

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Client Alert: IRS Announces 2024 Adjustments for HSAs & Excepted Benefit HRAs

The IRS has released its 2024 annual inflation adjustments for Health Savings Accounts (“HSAs”) as determined under Section 223 of the Internal Revenue Code. Specifically, IRS Revenue Procedure 2023-23 provides the adjusted limits for contributions to a HSA, as well as the high deductible health plan (“HDHP”) minimums and maximums for calendar year 2024.

Why it Matters: HSA contributions for an individual will increase in 2024 to $4,150 from $3,850 in 2023, and the minimum deductible on a HDHP for an individual will increase to $1,600 in 2024 from $1,500 in 2023. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

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

Five Stories that Matter in Michigan This Week – November 11, 2022

Sixth Circuit Rules that Notice is Required to Terminate Contract for Successive Performances

Under Section 440.2309(2) of Michigan’s Uniform Commercial Code, a contract that “provides for successive performances but is indefinite in duration” may be terminated at any time (without cause). However, as a U.S. Court of Appeals for the Sixth Circuit decision points out, reasonable notice of such termination must be provided, unless the requirement of notice is waived via the contract.

Why it Matters: The court’s ruling in the case of Stackpole International Engineered Products v. Angstrom Automotive Group is a reminder for buyers and sellers, especially in the manufacturing industry, who enter into contracts that provide for successive performances to work with experienced legal counsel in the drafting, review and enforcement of commercial contracts in order to avoid contractual disputes and litigation.

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Michigan Election Results: Governor’s Race, State House and Senate

In the hotly contested governor’s race, Democrat Gretchen Whitmer defeated Republican challenger Tudor Dixon and will continue to serve as Michigan’s Governor for the next 4 years. And, both the State House and Senate flipped to Democratic control.

Why it Matters: This is the first time since 1984 that the Governor’s Office, State House and Senate are all controlled by Democrats. As officials look towards new leadership in certain areas, Fraser Trebilcock’s election law team will continue to monitor and report on any significant changes happening in Lansing.

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Municipalities Vote on Marijuana

While adult-use recreational marijuana passed the ballot in 2018, each individual municipality has the control to allow adult-use recreational marijuana businesses to operate in their community. This election cycle saw numerous municipalities vote on this issue.

Why it Matters: According to data provided by the CRA prior to the November election, less than 10% of all municipalities in the state had opted in for adult-use recreational marijuana businesses. Following election results showing that more municipalities are allowing for adult-use recreational businesses to operate in their town, the issues that have plagued current license owners arise again for officials to handle.

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Passed – Prop 1: Term Limits and Financial Requirements

Following the November 8, 2022 election results, Prop 1, which proposed changes to term limits for state legislators and required elected officials to disclose financial information, passed.

Why it Matters: As we covered in an earlier newsletter, this development will permit lawmakers to serve 12 years in Lansing, and all of that time can be spent in the House or Senate, or it could be divided between the two chambers. Additionally, elected officials would have to disclose their assets, income and liabilities, and their involvement in any businesses, nonprofits, labor organizations or educational institutions.

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Controversial Landlord-Tenant Rules Proposed by State Court Administrative Office

The State Court Administrative Office unveiled proposed changes to Michigan Court Rule 4.201, that if enacted, would alter the way eviction cases are handled for both landlords and tenants. Some of the proposed amendments are the ability for tenants to get an automatic stay if they have applied for rental aid, and a requirement that tenants be served in person if a landlord wants an immediate default judgement.

Why it Matters: If enacted, these rules would allow commercial and residential tenants more time to pay their landlords if they fall behind on payments. However, some are against the new proposed rules as they believe it would increase the difficulty for landlords to evict non-paying tenants, and make the process of finding new tenants more difficult.

Related Practice Groups and Professionals
Labor, Employment & Civil Rights | Aaron Davis
Election Law | Garett Koger
Cannabis Law | Sean Gallagher
Real Estate | Jared Roberts

Five Stories that Matter in Michigan This Week – October 14, 2022

Lawsuit Challenges New Election Challenger/Poll Watcher Guidance

The Michigan GOP and the Republican National Committee filed a lawsuit seeking to rescind new instructions for election challengers and poll watchers issued by the Michigan Bureau of Elections. Among issues raised in the lawsuit is a new requirement having challengers obtain a credential using a form from the Michigan Secretary of State’s Office.

Why it Matters: There were many lawsuits filed in the wake of the 2020 election, and it’s likely that there will be many more arising from this November’s hotly contested races. Fraser Trebilcock’s election law team provides proactive guidance for political campaigns and causes, and representation in connection with election-law disputes.

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Student Loan Forgiveness Will Not Be Taxed

Earlier this month with legislative bipartisan support, it was announced that Michigan will not collect taxes as revenue on the federal student loan forgiveness or the state’s Public Service Loan Forgiveness program. Individuals who are eligible can receive up to $20,000 of their student loans forgiven.

Why it Matters: In August, Fraser Trebilcock reported on President Biden’s announcement on student loan forgiveness of up to $20,000. This latest news comes as a relief for those who are participating in the loan forgiveness program.

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Changes Could Be Coming for Sales Tax on Automobiles

Pending a final vote, Michigan drivers will save some money when they purchase a vehicle. Previously, car buyers would be taxed the state’s 6% sales tax on the list price, but now under the proposed bills, it would now tax the amount the buyer purchased it for.

Why it Matters: The legislation could be another change for automobile owners in Michigan. If the bills pass, the sales tax would now have to consider the manufacturer incentives that may be present for certain cars.

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State Fines and Suspends Detroit-based Medical Marijuana Business

The Cannabis Regulatory Agency has suspended for 30 days and fined $75,000 a Detroit-based medical marijuana business for improperly handling marijuana products by not having the required identification tracking numbers on the products.

Why it Matters: In the highly regulated medical and recreational marijuana industry, businesses can face high fines and lengthy suspensions for failing to abide by the rules set forth by the Cannabis Regulatory Agency. Marijuana businesses are required to follow video surveillance rules in Michigan.

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October 14 Deadline: Medicare Part D Notice of Creditable (or Non-Creditable) Coverage

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires entities who offer prescription drug coverage to notify Medicare Part D eligible individuals whether their prescription coverage is creditable coverage. These notices of either creditable or non-creditable coverage are due for distribution prior to October 15 of each year.

Why it Matters: Failure to provide notice can result in a late enrollment penalty to those persons who go 63 days or longer without creditable coverage. Learn more here.

Related Practice Groups and Professionals

Election Law | Garett Koger
Business & Tax | Paul McCord
Cannabis Law | Sean Gallagher
Employee Benefits | Robert Burgee

Citizens for Better Social Equality Ballot Initiative Struck Down by Detroit Election Commission

A ballot initiative aimed at replacing the City of Detroit’s current recreational marijuana ordinance was recently struck down by the Detroit Election Commission after a determination the initiative did not have enough signatures required to secure a ballot spot under the Michigan Regulation and Taxation of Marijuana Act.

The group behind the proposed initiative, Citizens for Better Equality, were fighting an uphill battle as the Detroit City Council vehemently opposed the initiative and the City’s Law Department had stated that the group does not have enough valid signatures.

This is the latest development in a turbulent time for the City’s marihuana licensing regime as it has yet to issue licenses to begin allowing retail sales of recreational cannabis. In June, following the City Council’s vote on the revised ordinance to allow adult-use recreational cannabis sales, multiple medical marijuana companies filed suit against the City over the licensing program, claiming that the new law would signal the end for existing medical marijuana facilities already in the area. The companies pointed to a provision in the revised ordinance that prevents existing medical facilities in the area from getting a recreational license until 2027.

Our attorneys are actively monitoring the situation and will provide updates. At Fraser Trebilcock, we have handled multiple lawsuits in the cannabis field and can assist you. Please contact Sean Gallagher or your Fraser Trebilcock attorney.

Sean P. Gallagher is an attorney at Fraser Trebilcock with experience in the highly regulated cannabis industry, working with local and state officials to advance client interests and to help mitigate risks involved and increase opportunities. You can reach him at 517.377.0820 or at sgallagher@fraserlawfirm.com.

Five Stories that Matter in Michigan This Week – August 19, 2022

Insurance Agents Who Make a Material Error on Policy Application Now May be Liable after Michigan Court of Appeals Ruling

On August 4, 2022, the Michigan Court of Appeals ruled in Holman v. Farm Bureau Gen. Ins. Co. of Michigan, No. 357473, that an insurance agent who makes a material error on a policy application may be liable.

Why it Matters: This case concerns the scope of an agent’s duty in preparing a policy application for a customer, and makes clear that an agent can be held liable for mistakes. While the court noted that a plaintiff’s duty to review the application could be taken into account when assessing fault, that does not bar a negligence claim against a defendant/agent.

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Will Electric Vehicle Incentives Under Inflation Reduction Act Actually Hurt Sales?

The Inflation Reduction Act, which President Biden signed into law on Tuesday, August 16, includes billions in incentives for electric vehicle adoption, including $7,500 tax credits for EV purchases. However, many automotive manufacturers are not happy with the rules the bill imposes for vehicles to qualify for the credits.

Why it Matters: Opponents of the new guidelines argue that pricing, sourcing and manufacturing rules, which require significant domestic sourcing of raw materials and manufacturing, are too aggressive and could result in most EVs not qualifying for the federal incentives—therefore stifling sales for many manufacturers.

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Court Ruling Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity Under Michigan Law

The Michigan Supreme Court recently ruled that discrimination on the basis of sexual orientation and gender identity is discrimination prohibited by the Michigan Elliott-Larsen Civil Rights Act (the “ELCRA”) in the case of Rouch World, LLC, v. Department of Civil Rights.

Why it Matters: Employers with 15 or more employees were already prohibited by federal law from discriminating on the basis of gender identity or sexual orientation under Title VII. However, small employers in Michigan are now also subject to the same rules.

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Citizens for Better Social Equality Ballot Initiative Struck Down By Detroit Election Commission

A ballot initiative aimed at replacing the City of Detroit’s current marijuana ordinance was struck down by the Detroit Election Commission after it was determined the initiative did not have enough signatures required to secure a ballot spot under the Michigan Regulation and Taxation of Marijuana Act.

Why it Matters: The group behind the proposed initiative, Citizens for Better Equality, were fighting an uphill battle as the Detroit City Council vehemently opposed the initiative and the city’s Law Department had stated that the group does not have enough valid signatures. This is the latest development in a turbulent time for the city as they have yet to establish and begin selling recreational cannabis. Fraser Trebilcock cannabis attorneys will continue to monitor the situation for updates.

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Michigan Job Growth Projected Through 2030

Earlier this week, the Michigan Department of Technology, Management & Budget projected that Michigan’s job growth through 2030 would be 8.8%, or an estimated 374,930 jobs.

Why it Matters: Officials looking at industries who are seeing the highest growth rates are ones that are the result of the recovery from the pandemic. While it is observed that leisure and hospitality industries will lead the pack in terms of growth, other industries such as farming, fishing, and forestry, are at projected to decline.

Related Practice Groups and Professionals

Insurance Law | Emily Vanderlaan

Energy, Utilities & Telecommunication | Michael Ashton

Labor & Employment | Aaron Davis

Cannabis Law | Sean Gallagher

Business & Tax | Ed Castellani

U.S. House of Representatives Passes MORE Act to Decriminalize Cannabis

On Friday, April 1, 2022, the U.S. House of Representatives voted to decriminalize cannabis on the federal level, allow for the expungement of certain marijuana convictions, and offer loan opportunities to cannabis businesses. The House passed The Marijuana Opportunity Reinvestment and Expungement (“MORE”) Act by a vote of 220-204, and would have the following changes:

Remove marijuana from the list of scheduled substances so that growing, selling, or possessing the drug would no longer carry criminal penalties;
Allow the federal government to offer loans to cannabis businesses and impose a tax on cannabis products, which the revenue would be used for grant programs focused on helping disadvantaged small businesses get into the marijuana industry; and
Create an expungement process for non-violent cannabis convictions and review criminal sentences for offenders.

While the MORE Act was passed by the House, the bill must still be passed by the U.S. Senate, and signed by President Biden. If you have any questions, please contact Paul Mallon or your Fraser Trebilcock attorney.

Paul C. Mallon, Jr. is Shareholder and Chair of Fraser Trebilcock’s cannabis law practice. You can reach him at pmallon@fraserlawfirm.com or (313) 965-9043.

Michigan Law Imposes New Product Liability Insurance Requirements on Legal Cannabis Licensees

At the end of 2021, the Michigan legislature passed and Governor Whitmer signed into law a new cannabis liability insurance law that mandates proof of product liability insurance coverage for licensed cannabis businesses and new applicants. The new rules take effect March 30, 2022.

Michigan Senate Bill 461 (Public Act 160 of 2021) requires every licensee or applicant to file with the Michigan Marijuana Regulatory Authority (MRA): “[P]roof of financial responsibility for liability for bodily injury to lawful users resulting from the manufacture, distribution, transportation, or sale of adulterated marihuana or adulterated marihuana-infused product in an amount not less than $100,000.00 for each license.”

The statute defines “adulterated marihuana” as “a product sold as marihuana that contains any unintended substance or chemical or biological matter other than marihuana that causes adverse reaction after ingestion or consumption.”

Additional requirements include:

The insurance policy is issued by a licensed insurance company or licensed captive insurance company in Michigan.
The insurance policy does not include a provision relieving an insurer from liability for payment of any claim for which the insured may be held liable under the act.
Covers bodily injuries to a qualifying patient, including injuries that are caused by the intentional conduct of the licensee (but not if the licensee acted with the intent to harm).

In addition, a licensee must file an “attestation of compliance” with the requirements of the statute with the MRA, on a form approved by the MRA, which is signed by the officer of the licensed insurance company or licensed captive insurance company that issues the policy.

To the extent a licensee fails to maintain proof of financial responsibility as required under statute, the MRA will immediately suspend the licensee’s license until such proof is provided. A licensee also cannot cancel required liability insurance unless the licensee gives the MRA 30 days’ prior written notice and procures new proof of financial responsibility and delivers that proof to the MRA within 30 days after giving notice.

Given that this law takes effect on March 30, 2022, it is important for existing licensees and applicants to move fast in order to meet its requirements. For questions or assistance, please contact Paul Mallon or your Fraser Trebilcock attorney.

Paul C. Mallon, Jr. is Shareholder and Chair of Fraser Trebilcock’s cannabis law practice. You can reach him at pmallon@fraserlawfirm.com or (313) 965-9043.

October Updates: Legal and Regulatory Developments Impacting the Michigan Cannabis Industry

In a burgeoning industry such as legal cannabis in Michigan, one of the things you can count on is a frequently changing legal and regulatory landscape. There were several noteworthy developments in October that those competing in the industry should be aware of.

Michigan House Committee Advances Bills that Would Impose More Stringent Regulations on Medical Marijuana Caregivers

On October 26, 2021, the Michigan House of Representatives Regulatory Reform Committee approved a package of bills that would limit the amount of marijuana that caregivers could grow, store and distribute.

In a previous article, we outlined the key changes the new legislation would impose on caregivers, including the creation of a new specialty medical grower license that includes a variety of regulations, if signed into law. One change that was added to the bills before passage in the committee was adding language that allows unlicensed caregivers to serve up to five patients from their primary residence, but only allow them to grow 24 marijuana plants at their home. Beyond that, a specialty medical grower license would be required.

We will continue to keep you updated on this legislation as it moves to the full House for a vote.

Movements to Decriminalize Psychedelics Gain Momentum on a Local Level

Efforts to decriminalize the possession and use of naturally occurring psychedelics are gaining steam in Michigan.

Proposal E, which would decriminalize personal possession and therapeutic use of entheogenic plants by adults, is on the November 2nd ballot in Detroit.

In Grand Rapids, city commissioners recently voted to affirm a resolution that declares “support for state and federal legislative efforts that would decriminalize entheogenic plants and fungi.”

In Ann Arbor, the city council passed a resolution to make enforcement of laws prohibiting certain psychedelics a low priority.

There are also efforts to decriminalize psychedelics taking place at the state level. Senate Bill 631 has been introduced which would decriminalize entheogenic plants and fungi across Michigan.

Key Congressional House Committee Approved Bill to Federally Legalize Marijuana

While it happened in September (September 30), it’s worth noting in this October update that the U.S. House of Representatives Judiciary Committee approved the Marijuana Opportunity, Reinvestment and Expungement Act, which would federally legalize marijuana and promote social equity.

The bill would:

Remove marijuana from the Controlled Substances Act (CSA),
Enable people with cannabis convictions to have their records expunged
Create a federal tax on marijuana to support community reinvestment and other programs

The passage of the bill came one week after the full House of Representatives voted in favor of a defense spending bill that includes an amendment that would protect banks that serve cannabis businesses in states where they legally operate from being penalized by federal regulators.

We will continue to keep you apprised of further legal and regulatory developments. In the meantime, if you have any questions or require assistance, please contact Paul Mallon or your Fraser Trebilcock attorney.

Paul C. Mallon, Jr. is Shareholder and Chair of Fraser Trebilcock’s cannabis law practice. You can reach him at pmallon@fraserlawfirm.com or (313) 965-9043.