Michigan's 24% cannabis tax can remain in place, judge rules
Cannabis advocates say 24% tax would cripple industry
The judge is being asked to halt the 24% tax on marijuana that starts January 1. Arguments were heard for two hours today, but no ruling has been given yet with the clock ticking.
(FOX 2) - A Michigan judge has ruled a massive new tax on wholesale cannabis purchases can stand for now after the industry challenged the law.
A decision came Monday, weeks after the Michigan Cannabis Industry Association filed a suit against the 24% tax, which was part of the state's new budget it passed in November.
The tax would raise $420 million for new road construction.
Big picture view:
A 28-page opinion from Judge Sima Patel included an order denying a motion for a preliminary injunction that would have paused the new tax from going into effect.
The cannabis industry's attorneys failed to provide an argument proving the new tax violated the Michigan constitution. When Michigan legalized the recreational sale of cannabis to adults, it did so via ballot proposal.
That means it amended the constitution. The plaintiffs argued when the tax was passed, it did not achieve enough support in the Michigan Legislature to update the constitution — a change that would require a supermajority among lawmakers.
"The CRFTA (Comprehensive Road Funding Tax Act) is consistent with the MRTMA (Michigan Regulation and Taxation of Marihuana Act)," the judge wrote.
Cannabis industry sues Michigan over massive wholesale tax tied to road funding plan
The new tax is estimated to bring $420 million in revenue, which is destined to fund local road construction. But the 24% wholesale tax was imposed illegally, the industry argues.
Pot industry sues over marijuana tax
The wholesale pot tax was part of Michigan's $81 billion budget that was signed in November.
On the same day the budget was signed, the cannabis association filed in the Michigan Court of Claims a lawsuit arguing the wholesale tax was illegal. The reasoning was because it amended a citizen's ballot initiative - and did so without enough support in the legislature.
The lobbying group named Michigan, the treasury department, and its leader Rachel Eubanks as defendants in the case.
"While other taxes may generally apply to marijuana, such as the sales tax, MRTMA is the exclusive mechanism for imposing excise taxes. Legislative authority over marihuana excise taxes is exclusive to MRTMA; no other statues may intrude upon or duplicate the marihuana excise tax," read the suit.
Attorneys challenging the law said it circumvented the typical procedure for amending the constitution — similar to a strategy called Adopt-and-Amend, which was ruled illegal last year.
Cannabis industry sues Michigan over massive wholesale tax tied to road funding plan
The new tax is estimated to bring $420 million in revenue, which is destined to fund local road construction. But the 24% wholesale tax was imposed illegally, the industry argues.
What's next:
This is not the end of the legal battle.
While Judge Patel did not grant relief for the industry, they did not dismiss the case either.
Another hearing is scheduled for Jan. 13, 2026 to decide on scheduling an eventual trial.
The Source: Previous reporting and a Court of Claims opinion were cited for this story.