Michigan's cannabis industry group urges the Michigan Court of Appeals to block a new wholesale tax on marijuana before it takes effect, arguing that the tax is unconstitutional and could lead to financial ruin for many businesses.
The Michigan Cannabis Industry Association (MiCIA) has filed an application for leave to appeal after a court ruling declined to stop the tax from taking effect while the case continues. The group claims that lawmakers pushed the tax through using a "shell bill," changing its purpose late in the legislative process, which is unconstitutional under the state's constitution.
The 24% wholesale tax is set to take effect on January 1 and would significantly increase prices for cannabis operations, potentially driving some businesses out of the market. Industry leaders warn that this could lead to consumers turning back to the illicit market, exacerbating existing supply chain issues in the industry.
"We stand by our belief that the Court of Claims did not make the right call when it issued an opinion that declined to block the Michigan Legislature's unconstitutional 24% wholesale tax on cannabis from going into effect on New Year's Day," said MiCIA spokesperson Rose Tantraphol. "Our filing requests that the Court of Appeals take up our lawsuit, which we continue to believe is an exceptionally strong case on the merits."
The new tax would further strain a market already struggling with oversupply, falling prices, and shrinking profit margins. In November, the average retail price of recreational flower dropped to a record low of $59.79 per ounce, down from $512 when legal sales began in 2020.
Adding a 24% wholesale tax would push Michigan's cannabis prices close to those in California, where high taxes have eroded parts of the legal market and driven consumers back underground. This has already led to business closures, job losses, and concerns about the state's own Senate Fiscal Agency predicting that total sales will decrease by around 14%.
MiCIA argues that lawmakers need a three-quarters supermajority to change voter-approved cannabis laws under the Michigan Constitution. The group is seeking an immediate review of their case at the Court of Appeals, warning that delaying this could cause "unnecessary harm" to the industry.
The stakes are high for MiCIA and the state's cannabis industry as a whole. With thousands of jobs dependent on the market, the association is urging the court to take action before it's too late.
The Michigan Cannabis Industry Association (MiCIA) has filed an application for leave to appeal after a court ruling declined to stop the tax from taking effect while the case continues. The group claims that lawmakers pushed the tax through using a "shell bill," changing its purpose late in the legislative process, which is unconstitutional under the state's constitution.
The 24% wholesale tax is set to take effect on January 1 and would significantly increase prices for cannabis operations, potentially driving some businesses out of the market. Industry leaders warn that this could lead to consumers turning back to the illicit market, exacerbating existing supply chain issues in the industry.
"We stand by our belief that the Court of Claims did not make the right call when it issued an opinion that declined to block the Michigan Legislature's unconstitutional 24% wholesale tax on cannabis from going into effect on New Year's Day," said MiCIA spokesperson Rose Tantraphol. "Our filing requests that the Court of Appeals take up our lawsuit, which we continue to believe is an exceptionally strong case on the merits."
The new tax would further strain a market already struggling with oversupply, falling prices, and shrinking profit margins. In November, the average retail price of recreational flower dropped to a record low of $59.79 per ounce, down from $512 when legal sales began in 2020.
Adding a 24% wholesale tax would push Michigan's cannabis prices close to those in California, where high taxes have eroded parts of the legal market and driven consumers back underground. This has already led to business closures, job losses, and concerns about the state's own Senate Fiscal Agency predicting that total sales will decrease by around 14%.
MiCIA argues that lawmakers need a three-quarters supermajority to change voter-approved cannabis laws under the Michigan Constitution. The group is seeking an immediate review of their case at the Court of Appeals, warning that delaying this could cause "unnecessary harm" to the industry.
The stakes are high for MiCIA and the state's cannabis industry as a whole. With thousands of jobs dependent on the market, the association is urging the court to take action before it's too late.