MI FY2022 Adult Use Marijuana Excise Tax Distributions

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CRA Public meeting scheduled for 09/14/22

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The Cannabis Regulatory Agency (CRA) will hold a public meeting on Wednesday September 14, 2022, at 9:30 A.M. For meeting information please see the Public Notice Announcement by clicking here.

The purpose of this public meeting is to hear complaints and receive the views of the public on CRA’s administration of the authorities, powers, duties, functions and responsibilities under Michigan’s marijuana laws.

Specifically, the CRA is seeking public input on the following topic:

The agency has been hearing concerns that the supply of marijuana produced by licensed growers exceeds, or may soon exceed, consumer demand. The concerns include that the wholesale price of flower is lower than the cost of production – or will be when harvests are highest in October. Background data from CRA monthly reports:

  • Between July 2021 and July 2022, the average retail price for an ounce of flower has declined 48% in the medical market (from $213.89 to $110.72) and 44% in the adult-use market (from $217.94 to $121.58).
  • Between July 2021 and July 2022, the number of plants being grown by medical and adult-use growers has increased as follows:
  • Immature plants – 48% (from 282,945 to 417,469).
  • Vegetative plants – 295% (from 228,611 to 903,115).
  • Flowering plants – 69% (from 309,554 to 521,997).
  • Between July 2021 and July 2022, the number of active grower licenses* has increased 65% and the number of active retail licenses** has increased 34%.

* Includes all medical and adult-use grower licenses of all classes, does not include microbusinesses or class A microbusinesses.

** Includes all medical provisioning centers and adult-use retailers, does not include microbusinesses or class A microbusinesses.

Questions for consideration:

  1. Would you support a change in the law to place a moratorium on the issuance of grow licenses? If so, under what conditions? If so, for what period of time?
  2. Should the agency eliminate the excess grower license established in the administrative rules, as authorized by Sec. 8(2)(a) of the MRTMA [MCL 333.27958(2)(a)]?
  3. Should the agency promulgate a rule as authorized by Sec. 9(3)(d)(3) of the MRTMA [MCL 333.27959(3)(d)(3)] to authorize an individual to hold an interest in more than five marijuana growers or in more than one marijuana microbusiness after January 1, 2023?

While the public hearing will be held in person, members of the public will also have the opportunity to attend, participate, and give public testimony via Zoom. The CRA encourages members of the public to participate and provide recommendations to the CRA.

 

Keep up to date on Michigan’s evolving licensed cannabis landscape by staying tuned to Michigan Cannabis Lawyers. Call us today at (517) 512-8364.

CRA Guidance for Tinctures

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Tinctures are not defined in either the Medical Marihuana Facility Facilities Licensing Act (MMFLA) or the Michigan Regulation and Taxation of Marihuana Act (MRTMA). When a term is not specifically defined in statute, the Cannabis Regulatory Agency (CRA) uses the plain meaning of the term as defined in the dictionary. As a result, CRA policy has been that a product labeled as being a tincture must contain alcohol.

The CRA recently reviewed products produced and sold by several licensees that are labeled and sold as tinctures. The products appeared to be non-compliant because they were labeled as a tincture but contained no alcohol and exceeded the allowable THC limit of 100 mg per container in the adult-use market.

The CRA has been notifying licensees that the sale of these products is a violation. In response, many licensees have expressed concern about the lack of a clarifying statutory definition, common industry practice in other states, and residual solvent compliance testing for tinctures.

To address these concerns until a long-term solution can be implemented, the CRA will allow licensees to make the necessary changes to packaging, labeling, formulations, and recipes, and take no disciplinary action against licensees regarding product that is currently available for sale or transfer for 60 days from the date of this bulletin (August 30, 2022).

For more help navigating Michigan’s cannabis laws and rules, be sure to reach out to Michigan Cannabis Lawyers at (517) 512-8364.

2021 Tax revenue sharing for Adult Use Retail and Microbusiness communities

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LANSING, Mich. – The Michigan Department of Treasury today announced that more than $42.2 million will be distributed among 163 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act.

Next week, 62 cities, 15 villages, 33 townships and 53 counties will be receiving payments from the Marihuana Regulation Fund. For the state of Michigan’s 2021 fiscal year, this means each eligible municipality and county will receive more than $56,400 for every licensed retail store and microbusiness located within its jurisdiction.

“The Michigan Department of Treasury will distribute these dollars as soon as practical to eligible local units of government,” State Treasurer Rachael Eubanks said. “The doubling of this year’s payment amounts will have a larger impact on local government budgets.”

Revenue was collected from 374 licensees among the state’s cities, villages and townships during the 2021 fiscal year. Some of these municipalities host more than one licensed retail store and microbusiness.

For the 2021 fiscal year, more than $111 million was collected from the 10% adult-use marijuana excise tax. In total, there was $172 million available for distribution from the fund.

State law outlines how much is distributed from the Marihuana Regulation Fund.

Aside from the more than $42.2 million in disbursements to municipalities and counties, $49.3 million was sent to the School Aid Fund for K-12 education and another $49.3 million to the Michigan Transportation Fund.

In total, more than $1.1 billion in adult-use marijuana sales was reported for fiscal year 2021.

“It’s rewarding to see that the agency’s balanced regulatory approach is effectively protecting consumers while still allowing Michigan businesses to grow and thrive,” said MRA Executive Director Andrew Brisbo. “The funding provided directly to local governments – and the thousands of jobs created across the state – show that Michigan is leading the way in the cannabis industry.”

Michigan Marijuana Regulatory Agency Creates Rules for Marijuana-Infused Beverages

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The MRA just announced a process for licensed processors to obtain approval for marijuana-infused beverages.  The Technical Bulletin dated January 4, 2021 requires any licensed processor who is interested in creating a marihuana-infused beverage to submit a request to the MRA.  The request includes a number of documents such as confirmation that the processing facility is currently in the process of receiving Good Manufacturing Practices (GMP) certification and a complete Hazard Analysis Critical Control Points (HACCP) plan. The marijuana-infused beverage must be self stable and will be required to maintain potency over a three month period.  There also must be a research and development plan submitted to prove the shelf stability of the marijuana-infused beverages.

It will be interesting to see how marijuana processors figure out the potency issue known as THC leeching.   THC has been difficult for many processors to properly dose beverages because of the solubility of THC and the ability to absorb into many material such as the lining in aluminum cans.  The products will also be tested for sedimentation to ensure homogeneity.   This is also difficult with THC as it will often separate over time from the beverage.  It is exciting to see that soon Michigan cannabis consumers can enjoy marijuana-infused beverages.   It will be interesting to see which current beverage producers will be moving forward in the new marijuana-infused beverage industry.  It is expected that their experience with beverage manufacturing and GMP plans will give make them valued partners.  If you have any questions about the marijuana-infused beverage approval process call the Michigan Cannabis Lawyers at 517-512-8364.

 

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What You Need to Know About a Micro Grow License

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What is a Micro Grow License?

If you are reading this you probably know Michigan is a legal marijuana state and you might be interested in how to get a micro grow license. You see, when marijuana licenses in Michigan became available, our Attorney Josh Covert coined the term “micro grow” for the Michigan Class A growing licenses.

Compared to the other growing licenses, this is the smallest of the classes of grows that allows up to 500 plants (medical) or 100 (recreational) to be produced at one time.

Not to be confused with a Michigan Microbusiness, a Michigan Micro Grower License can sell into the statewide METRC system. A microbusiness must be contained and only sell to end consumers at their establishment, while a Michigan Class A growing license can sell to other licensed facilities.

See Also: Free Michigan Marijuana Microbusiness License Information

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Get Reduced Michigan Marijuana Licensing Fees

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Reduced Michigan Marijuana Licensing Fees

The Michigan Marijuana Regulatory Agency [MRA] has a special program for those who are looking to get into the legal Michigan marijuana industry.

The Social Equity program looks to promote and encourage participation in the marijuana industry by people impacted by prohibition.

Recently the MRA expanded this program from 41 communities to 184 as well as added fee reductions, application assistance, and more resources.

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How do you get a Recreational Michigan Marijuana Processing License? 

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Recreational Michigan Marijuana Processing License

There are many things you must do in order to get a recreational Michigan Marijuana processing license.

 

Talk to a Michigan Cannabis Lawyer today to find out what it all entails.

 

517-512-8364

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