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Articles by Lance Boldrey
“Final” Draft CRA Rules Are Published
It’s hard to believe, but it’s been nearly three years since the Michigan Cannabis Regulatory Agency announced that it was seeking stakeholder feedback on proposed changes to its administrative rule sets. The process started in May 2023, with CRA releasing a list of topics and proposed changes to the rules that it was considering.
Breaking Down the Groundbreaking Rescheduling Of Medical Marijuana To Schedule III
On April 23, 2026, Acting Attorney General Todd Blanche announced that the Justice Department ordered the rescheduling of marijuana products that are FDA-approved or regulated by a state medical marijuana program. These products will move from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Today’s order also creates an expedited DEA registration framework for state-licensed medical marijuana businesses.
Bucking the Trend: Michigan Wholesale Tax Nightmare at Hand
Michigan lawmakers fast-tracked a new 24% wholesale cannabis tax with no hearings or industry input. The bill attempts to sidestep voter-approved protections by avoiding the 75% supermajority required to amend Michigan’s cannabis initiative. The tax could exceed 24% for non–vertically integrated businesses, as rebates and discounts cannot reduce the taxable amount.
3 Crucial Tips for Drafting Cannabis Contracts
With roughly half of U.S. states legalizing cannabis and an ever-increasing number of cannabis businesses, much of the social stigma surrounding cannabis has (thankfully) lifted. Seismic changes in public opinion and state laws, however, have not yet resulted in a change in federal law. Despite hopeful signs of potential change, marijuana remains a federally illegal Schedule I controlled substance.
Appeals of Classification of Cannabis Growing Real Property - Opportunity for Tax Savings
R. Lance Boldrey’s practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations). He represents tribes, developers, banks and other non-tribal businesses, as well as state and local governments, and is a frequent… R. Lance Boldrey’s practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations).
Finally, Federal Cannabis Banking Reform?!?!
As readers of this blog and the cannabis industry are aware, the conflict between state and federal law on the issue of cannabis is a constant source of tension, struggle, and frustration for the cannabis industry, their employees, and those who provide services to the industry. Among the many sources of consternation is the unwillingness of many financial institutions to provide services to the cannabis industry given its illegal status under federal law.
Supreme Court Ruling on Bankruptcy Code May Have Far-Reaching Implications for Tribal Business Arrangements
On June 15, 2023, the Supreme Court held that the Bankruptcy Code unambiguously abrogates the sovereign immunity of federally recognized Indian tribes. Therefore, tribes may not raise sovereign immunity as a defense to multiple portions of the Bankruptcy Code. Many tribal enterprises and their business partners, for the first time, will need to consider the legal implications of bankruptcy on their business arrangements.
Cannabis is (Almost) Legal in Minnesota: Here's What You Need to Know
R. Lance Boldrey’s practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations). He represents tribes, developers, banks and other non-tribal businesses, as well as state and local governments, and is a frequent… R. Lance Boldrey’s practice focuses on tribal and commercial gaming, and on Indian law (with an emphasis on economic development and state-tribal relations).
IMMEDIATE ATTENTION: Michigan Cannabis Licensees Face Imminent Loss of METRC
On February 27, 2023, Dykema's Cannabis Industry Group was contacted by the Michigan Cannabis Regulatory Agency ("CRA") about possible immediate suspensions of METRC user accounts. According to CRA, approximately 85% of all Michigan licensees may be impacted by these upcoming suspensions, so immediate action is critical.
Dykema Launches First-Ever Cannabis Podcast
Dykema is thrilled to announce the launch of A Higher Law: a cannabis podcast from our award-winning cannabis practice group. A Higher Law will serve as an essential resource for cannabis operators looking to navigate latest legal developments in this complex industry.
2022 Post-Election Analysis: Where Does Cannabis Go From Here?
Brett Gelbord is an accomplished business attorney seated in Dykema’s Labor & Employment Group focused on providing practical and efficient guidance to employers on all manner of workforce-related issues. Brett has represented clients in a variety of industries, with a particular focus on… Brett Gelbord is an accomplished business attorney seated in Dykema’s Labor & Employment Group focused on providing practical and efficient guidance to employers on all manner of workforce-related issues.
Detroit Opens Adult-Use Retail Licensing After Victory in Court
On August 30, 2022, the Wayne County Circuit Court issued rulings denying injunctive relief to several cannabis companies that challenged the implementation of the City of Detroit’s adult-use cannabis ordinance (the “Ordinance”). In addition to denying motions for preliminary injunctions, the Court also dismissed the cases entirely. In doing so, the court reached several conclusions that are at odds with a full reading of Michigan’s cannabis statutes and rules.
Agency Head Announces Departure: What’s Next for Michigan’s Cannabis Industry
Yesterday, it became public that Michigan Cannabis Regulatory Agency Executive Director Andrew Brisbo will soon be leaving the agency. Having spent nearly two decades working in licensing and regulation with the state of Michigan, Director Brisbo served with distinction as the first director of the Michigan Bureau of Medical Marihuana Regulation.
Agency Head Announces Departure: What’s Next for Michigan’s Cannabis Industry
Yesterday, Michigan Cannabis Regulatory Agency Executive Director Andrew Brisbo confirmed that he will shortly be leaving the agency. Having spent nearly two decades working in licensing and regulation with the state of Michigan, Director Brisbo served with distinction as the first director of the Michigan Bureau of Medical Marihuana Regulation.
4 Lessons Learned From the Country's Largest Cannabis Recall
On November 17, 2021, Michigan’s Marijuana Regulatory Agency announced what is likely the biggest recall of cannabis ever. The recall covered all products, except for certain concentrates, tested by two licensed laboratories over three months. It affected more than 65,000 pounds of flower with a wholesale value of more than $200 million.
Advising Cannabis Cos. As Mich. Legalizes Recreational Use
Law360 (November 22, 2019, 5:35 PM EST) -- With the release of an advisory bulletin[1] on Nov. 13, Michigan’s Marijuana Regulatory Agency, or MRA,[2] served notice that Michigan will beat Illinois’ Jan. 1, 2020, start date to become the first Midwest state to permit adult-use sales of marijuana. The MRA began accepting adult-use marijuana business license applications on Nov. 1, with the first application submitted online a bit after midnight. The first licenses were issued by Nov.
On legalizing marijuana in Michigan
Marijuana could be a hot topic in Michigan in 2018. That's because the state is gearing up to start reviewing "hundreds, if not well in excess of 1,000" applications for licenses to operate under a new medical marijuana regulatory system adopted last year, said Lance Boldrey, an attorney at Dykema Gossett PLLC in Lansing, who leads the firm's cannabis law practice. Gov.
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