A Victory for Cannabis Farming as Agriculture in Michigan
In a landmark case that underscores the evolving landscape of cannabis regulation and taxation in agricultural contexts, HRP Cassopolis, LLC v LaGrange Township Assessor in Cass County, Michigan, has set a precedent that significantly benefits cannabis farming operations.
The case not only highlights the challenges faced by cannabis cultivators but also emphasizes the importance of legal clarity in defining cannabis cultivation as an agricultural activity.
At the heart of the matter is the interpretation of Michigan’s tax laws, particularly MCL 211.34c(2)(a), which outlines the criteria for classifying a property as an agricultural operation for property tax purposes.
The statute defines an agricultural operation as land “used for agricultural purposes, including, but not limited to, the production of field crops, livestock, poultry, fruit, and nursery stock.”
Historically, the Michigan State Tax Commission has argued that growing cannabis does not fall within the scope of agricultural operations under this statute.
HRP Cassopolis, LLC, a cannabis cultivation facility, challenged this interpretation, asserting that their activities align with the definition of agriculture outlined in MCL 211.34c(2)(a). The crux of their argument rested on the premise that cannabis cultivation involves the production of a crop, akin to other agricultural endeavors like growing fruits or vegetables.
In the initial proceedings, the Michigan State Tax Commission contended that cannabis cultivation should not be considered agricultural because it is federally illegal and does not have the same historical precedent as traditional agricultural practices. However, HRP Cassopolis, LLC countered by highlighting the state’s legalization of medical and recreational cannabis, arguing that its cultivation should be treated similarly to other lawful agricultural activities.
The case went through several stages of appeals, with each level of the judicial system scrutinizing the interpretation of Michigan’s tax laws in the context of cannabis cultivation.
Ultimately, the Michigan Court of Appeals ruled in favor of HRP Cassopolis, LLC, asserting that cannabis farming qualifies as an agricultural operation under MCL 211.34c(2)(a).
The court’s decision represents a significant victory for cannabis farmers in Michigan. By officially recognizing cannabis cultivation as agriculture, the ruling provides these businesses with access to important tax benefits and protections afforded to traditional agricultural operations. This includes favorable property tax assessments, which are crucial for the economic viability of cannabis farms in the state.
Moreover, the ruling brings much-needed clarity to the legal status of cannabis farming in Michigan. As the cannabis industry continues to grow and evolve, establishing clear guidelines for regulatory and tax purposes is essential for ensuring compliance and facilitating the industry’s responsible expansion.
HRP Cassopolis, LLC v LaGrange Township Assessor marks a pivotal moment for cannabis farming in Michigan. By affirming that cannabis cultivation qualifies as agriculture under state tax laws, the ruling not only benefits cannabis businesses but also contributes to the normalization and legitimization of the cannabis industry as a whole.
Moving forward, it is essential for policymakers to continue refining and updating regulations to support the growth of this burgeoning sector while ensuring accountability and responsible stewardship of agricultural resources.
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Frequently Asked Questions about Restoring Your Driver’s License in Michigan
Here’s what you need to know
What are the steps to restore my driver’s license in Michigan?
The steps to restore your driver’s license in Michigan vary depending on the reason your license was revoked or suspended. However, there are some general steps that apply to all cases:
Pay all outstanding fines and fees. You can check your driving record online to see how much you owe.
Complete any required driver improvement courses. This may include a substance abuse assessment and treatment program, if your license was revoked or suspended due to a DUI.
Schedule a hearing with the Michigan Secretary of State (SOS). You can do this online or by calling the SOS at 517-335-1946.
Attend your hearing and present your case to the SOS hearing officer. The hearing officer will review your driving record and any evidence you provide to determine whether or not to reinstate your license.
How much does it cost to restore my driver’s license in Michigan?
The cost to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended. It may be harder to get it back if you have numerous or other charges linked to the supension. You will most likely need an Attorney to fight for you.
There is a standard reinstatement fee of $125. You may also have to pay additional fees, such as the cost of any required driver improvement courses.
Have your rights been violated? Have your driving priviledges been revoked? Has your professional license been suspended? Second Amendment rights taken away? Have you been charged with a crime?
Call our office to see if we can help Komorn Law248-357-2550
Do I need a lawyer to restore my driver’s license in Michigan?
It is not required to have a lawyer to restore your driver’s license in Michigan. However, a lawyer can help you understand the process and prepare for your hearing. If you have a complex case, or if you are not sure how to proceed, it is a good idea to consult with an attorney.
How long does it take to restore my driver’s license in Michigan?
The amount of time it takes to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended. If you have all of the required documentation and you are able to present a strong case to the SOS hearing officer, your license may be reinstated relatively quickly.
However, if your case is complex or if you have a history of driving offenses, it may take longer to get your license back.
Where can I get more information about restoring my driver’s license in Michigan?
You can find more information about restoring your driver’s license in Michigan on the Michigan Secretary of State website:
License Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/license-restoration
Road to Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/road-to-restoration
You can also contact the SOS Driver’s License Restoration Division at 517-322-1946 for more information.
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Adult-Use Marijuana Tax Payments Being Distributed In Michigan
Here’s what they say…
Treasury: Adult-Use Marijuana Payments Being Distributed to Michigan Municipalities and Counties; More Than $59.5 Million Going to 224 Municipalities and Counties.
Sales of “legal” marijuana in Michigan contributed $266.2 million in tax revenue to the government during the most recent fiscal year, according to a new report from the legislature’s nonpartisan House Fiscal Agency.
That’s more than the state made from the sale of beer, wine and liquor combined.
February 28, 2023
The Michigan Department of Treasury today announced that more than $59.5 million is being distributed among 224 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act.
Over the next few days, 81 cities, 26 villages, 53 townships and 64 counties will receive payments from the Marihuana Regulation Fund. For the state of Michigan’s 2022 fiscal year, this means each eligible municipality and county will receive more than $51,800 for every licensed retail store and microbusiness located within its jurisdiction.
“Municipalities and counties will begin seeing these payments appear in their banking accounts,” State Treasurer Rachael Eubanks said. “Through a partnership, the dollars received from the adult-use marijuana taxes and fees are distributed to our participating communities.”
Revenue was collected from 574 licensees among the state’s cities, villages and townships during the 2022 fiscal year. Some of these municipalities host more than one licensed retail store and microbusiness.
For the 2022 state fiscal year, there was $198.4 million available for distribution from the Marihuana Regulation Fund.
State law outlines how much is distributed from the Marihuana Regulation Fund.
Aside from the more than $59.5 million in disbursements to municipalities and counties, $69.4 million was sent to the School Aid Fund for K-12 education and another $69.4 million to the Michigan Transportation Fund.
In total, more than $1.8 billion in adult-use marijuana sales was reported for Fiscal Year 2022.
“The team at the CRA does an amazing job and our effective regulatory approach allows our licensees to provide Michigan’s cannabis consumers the safest possible product,” said CRA Executive Director Brian Hanna. “The funding that makes its way to local governments through the excise tax collected by licensed retailers is an important benefit of the regulated cannabis industry and the CRA is committed to doing our part in supporting our law-abiding licensees.”
Where they say the money goes…
Adult-Use (Recreational) Marijuana
Adult Use Break Downs $226m – $59m = $167m (left over after distribution…nice haul)
Marijuana funds collected under the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) are distributed, upon appropriation, as follows:
15% to municipalities in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the municipality.
15% to counties in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the county.
35% to the School Aid Fund to be used for K-12 education.
35% to the Michigan Transportation Fund to be used for the repair and maintenance of roads and bridges.
Have your rights been violated? Have your driving priviledges been revoked? Has your professional license been suspended? Second Amendment rights taken away? Have you been charged with a crime?
Call our office to see if we can help Komorn Law248-357-2550
Liquor tax funding change means $25 million boost to counties
A two-bill package designed to extend the capture of liquor tax revenue that counties use for substance abuse programs passed during the last days of the legislative session this week and will soon mean a $25 million boost to counties.
Senate Bills 1222-23, by Sen Wayne Schmidt (R-Grand Traverse), amend the State Convention Facilities Authority Act to extend the sunset on the capture of liquor tax revenue for improvements to the convention facility in Detroit and therefore extend the sunset on the collection of liquor tax revenue for counties.
The issues were tied together when the act was created. Under current law, the collection and allocation of the liquor tax revenue expires once the bonds for the convention facility are paid off. Due to recent increases in liquor tax revenue, those bonds are scheduled to be paid off 13 years early, which would eliminate the future collection of revenue and deplete the allocation to counties. This two-bill package does not extend the 2039 deadline for the bonds to be paid off, but it does allow the facility authority to issue additional bonds for improvements.
MAC has been working with representatives from the authority to address our need to have counties’ annual allocation reflective of the collection of the liquor tax revenue. Current law states counties receive an increase in their allocation based on a percentage above the previous year’s allocation, not on a percentage of the total tax collected. The excess tax collected is instead allocated to the reduction of the bond debt of the authority. (Again, due to the increase in liquor tax revenue, those bonds are scheduled to be paid off early.)
By allowing the authority to issue additional debt for improvements, the bills do something significant for counties. Beginning in 2023, the baseline allocation in liquor tax dollars for counties will increase by approximately 48 percent — or $25 million. (See county-by-county estimates.) The annual increase will remain the same as current law of 1 percent additional each year, but the baseline will be reset every three years to reflect the increase in revenue from the liquor tax.
Also, current law states 50 percent of the liquor tax revenue received by counties must be allocated to substance abuse programs. SBs 1222-23 will change that requirement to 40 percent (though no less than the amount allocated in FY22). In short, this will be a significant increase in funds toward substance abuse programs and an increase in the amount counties can allocate to their general funds.
The bills are now headed to the governor for her expected signature.
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Such scalprecorded ERP differences are temporally associated with changes in synaptic and neuronal activity recorded directly from the hippocampus and other MTL structures (Smith et al. 1986;Heit et al. 1988), and are eliminated by lesions to the hippocampus in the language dominant hemisphere (Smith and Halgren 1989;Rugg et al. 1991). Such neurophysiological measures might therefore provide sensitive markers of changes in brain function and memory that accompany marijuana smoking.The present study tested the hypothesis that marijuana smoking would produce acute accuracy and reaction time deficits in WM and EM tasks, accompanied by changes in concomitant neurophysiological signals indicative of impaired memory and attention.
Subjects
Ten casual marijuana smokers 23-31 years old (mean=26.7, 5M, 5F) participated in the study.Casual smokers were defined as those who reported smoking marijuana between once a month and once a week over the last year.
Negative selection criteria included self report of daily cigarette smoking, consumption of more than ten alcoholic drinks per week, family history of drug dependence, and prior habitual use of any illicit drug other than marijuana.
Recording Days
On test days, subjects performed warm-up blocks of the tasks, and then consumed a sandwich and a non-caffeinated beverage for lunch. After an electrode cap was applied, subjects participated in five recording intervals: one pre-smoking baseline interval, and four intervals that took place 0:20, 1:20, 2:20, and 3:20 h:min after smoking.
It was postulated that the neurophysiological effects of marijuana smoking on WM and EM would follow the well-researched time course on physiological and behavioral measures, peaking in the first post-smoking recording interval and steadily dissipating over the next 3 h (Huestis et al. 1992;Joy et al. 1999).
Drug Administration
The active marijuana cigarettes contained 3.45±0.28% Δ 9 -THC and the placebo cigarettes contained 0.006 ±0.00% Δ 9 -THC, as assayed via gas-liquid chromatography by the Research Triangle Institute.
Following the pre-smoking baseline interval, subjects smoked one cigarette containing active marijuana or placebo, counterbalanced across recording days and subjects.
Holding the cigarette in their fingers, subjects took six puffs according to a paced, computerized procedure that was designed to be ecologically valid while standardizing smoking across subjects and sessions.
Tasks
Within an interval, both task blocks used the same 20-word WP list but different recognition lists: the same 20 old words appeared in both WR lists, but the 20 new words were different.
Subjects therefore had the opportunity to demonstrate learning by being tested twice on the same word list in each interval.
In this way, the battery was designed to test the effects of marijuana on encoding of episodic information (WP task), sustained attention and working memory over a period of approximately 5-10 s (WM task), retrieval of episodic information presented 5-10 min previously (WR task), and learning (comparison of recognition memory between the first and the second time through a study list).
Data Analysis
Because topographic differences due to marijuana effects were generally not observed, analyses of power spectra bands and ERPs were conducted at the electrode site with maximum amplitude across the group of subjects.
Background EEG power spectra were computed in the WP and WM tasks and the resting conditions by segmenting continuous data into 4-s epochs and computing fast Fourier transforms on 2 s windows with 50% overlap. In the WR task, 1-s windows with no overlap following the old or new response were used.
Performance
Following marijuana smoking, accuracy decreased in the high [F(1,9)=6.98, P<0.05], but not the low load version P>0.10. Reaction time (RT) in the WM task increased after smoking marijuana [F(1,9)=16.15, P<0.01], and this response slowing did not differ between the two load levels (P>0.10). Marijuana smoking did not affect accuracy or speed of classifying words as red or green during the encoding WP task (P>0.05 for all comparisons).
Erps
This slow wave was preceded by a centrally maximum “N400” negative potential peaking at approximately 350 ms that was more negative to new words than to old words [F(1,9) =50.41, P<0.001]. As was the case in the WM and WP tasks, marijuana smoking tended to attenuate ERP amplitudes in the WR task, an effect observed for the slow wave [F(4,36)=3.79, P<0.05], but not for N400.
Although this slow wave amplitude attenuation did not interact with the magnitude of the old/new word difference in the subject group as a whole, examination of individual subjects suggested that those who became most intoxicated evinced a marked reduction in the memory-evoked shift after smoking marijuana, as discussed below.
Discussion
Across all subjects, marijuana smoking had a number of global neurophysiological effects.ERP components thought to reflect stages of memory encoding, manipulation, and retrieval, such as the slow waves in the WP and WR tasks and the P300 in the WM task, decreased in amplitude after marijuana smoking.
Such decreases suggest that less transient attention was devoted to processing the colors, dots, and words during performance of the various tasks.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
When it rains down in legal problems it’s probably going to pour. So you better have an umbrella fund off to the side somewhere safe…hidden…out of reach…stashed.
If you don’t have the funds, you won’t get good representation…and then you’re easy prey for the prosecutors and law enforcement.
As the marijuana industry continues to grow and evolve in Michigan, it’s crucial for marijuana cultivators to understand the importance of having legal defense funds readily available.
Despite the legalization of marijuana in the state, there are still potential legal challenges and risks that growers may face.
Having legal funds at the ready applies to everyone from
state licensed entities
caregivers and patients
recreational growers and consumers
hemp cultivators.
Understanding the legal landscape for marijuana cultivation in Michigan
An overview of marijuana laws in Michigan
In recent years, Michigan has seen significant changes in its marijuana laws. In 2008, the state passed the Michigan Medical Marihuana Act, which allowed the use of medical marijuana for qualifying patients. Then, in 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act, which legalized the recreational use of marijuana for adults.
Under these laws, individuals aged 21 and older can possess and cultivate marijuana in certain quantities. However, it’s important to understand the specific regulations and limitations that apply.
Recent developments and changes in marijuana legislation
The legislative landscape surrounding marijuana cultivation in Michigan is constantly evolving. It’s crucial for cultivators to stay informed about any new developments or changes in the law.
For example, in 2020, the Michigan Marijuana Regulatory Agency (MRA) issued emergency rules that introduced licensing requirements for commercial marijuana establishments, including cultivation facilities. These rules outline specific procedures and standards that growers must adhere to.
By keeping up with the latest legislation and regulations, marijuana cultivators can ensure they are operating within the bounds of the law and avoid potential legal complications.
Potential legal challenges faced by marijuana growers in Michigan
State and federal conflicts in marijuana regulations
One of the major challenges faced by marijuana growers in Michigan is the conflict between state and federal regulations. While marijuana cultivation may be legal under state law, it remains illegal at the federal level.
This discrepancy creates uncertainty and can expose growers to potential legal risks. Federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), can still enforce federal marijuana laws, although they typically focus on larger operations and violations that involve other criminal activities.
Nevertheless, it’s important for marijuana cultivators to understand the potential consequences and navigate this legal gray area cautiously.
Risks associated with non-compliance in cultivation practices
Even within the framework of state laws, there are numerous regulations and requirements that marijuana cultivators must adhere to. Failure to comply with these rules can result in legal consequences, including fines, license revocation, and even criminal charges.
Common compliance issues include exceeding plant limits, improper labeling, inadequate security measures, and failure to follow proper cultivation and testing procedures. It’s crucial for cultivators to stay informed and ensure they are operating in accordance with all applicable laws and regulations.
The Importance of having legal defense funds for marijuana cultivators
The financial burden of legal defense in marijuana cultivation cases
Legal challenges can be financially draining, and marijuana cultivators are no exception. Defending oneself in a legal case can involve expensive legal fees, court costs, and potential fines or penalties. These financial burdens can quickly accumulate and become overwhelming.
Having legal defense funds set aside can help alleviate the strain and ensure that cultivators can afford proper legal representation when needed. It’s a proactive measure that cultivators should consider to protect themselves from unexpected legal challenges.
The benefits of proactive legal preparation
In the ever-changing world of marijuana legislation, being prepared is key. By setting aside legal defense funds, cultivators can take a proactive approach to potential legal challenges. This preparation allows cultivators to act swiftly when needed, securing legal representation and taking necessary steps to protect their interests.
Having legal defense funds in place also provides peace of mind. It allows cultivators to focus on their operations without constantly worrying about potential legal troubles, knowing they have the resources to defend themselves if the need arises.
Navigating the complexities of marijuana laws in Michigan
Understanding licensing and permitting requirements
Obtaining the necessary licenses and permits is crucial for marijuana cultivators in Michigan. The state has established a comprehensive licensing system to regulate commercial marijuana operations.
Understanding the specific requirements, application processes, and deadlines associated with licenses is essential. It’s advisable to seek legal counsel to ensure compliance with all licensing and permitting obligations.
Comprehending zoning restrictions and land use regulations
Zoning restrictions and land use regulations add another layer of complexity to marijuana cultivation in Michigan. Local municipalities have the authority to regulate the location and operation of marijuana establishments within their jurisdictions.
Cultivators must familiarize themselves with the zoning laws in their area and ensure their operations comply with the specified land use regulations. Failure to do so can result in costly legal disputes or even forced closure of the cultivation facility.
By staying informed and working within the boundaries of zoning and land use regulations, cultivators can avoid unnecessary legal complications and focus on their business objectives.
Securing legal representation: the role of a defense attorney in marijuana cultivation cases
When it comes to growing legal marijuana in Michigan, having a reliable and experienced defense attorney like Komorn Law by your side is crucial. While the state allows for the cultivation of recreational and medical marijuana, there may still be legal challenges that require professional legal assistance.
Qualifications and expertise to look for in a defense attorney
Finding the right defense attorney is essential to protect your rights and navigate the complexities of marijuana cultivation cases. Look for attorneys who specialize in cannabis law and have experience dealing with similar cases. They should have a deep understanding of the ever-changing marijuana regulations in Michigan and be familiar with the specific nuances of the industry.
The importance of attorney-client privilege and confidentiality
When discussing legal matters, confidentiality is key. Attorney-client privilege ensures that any information shared between you and your defense attorney remains confidential. This protection is crucial for open and honest communication, allowing you to provide your attorney with all relevant details without fear of it being used against you.
Costs and considerations of legal defense for marijuana growers in Michigan
While nobody likes to think about legal trouble, it’s essential to consider the potential costs associated with legal defense in the marijuana industry.
Evaluating the potential costs of legal defense
Legal defense can be expensive, and the cost will vary depending on the complexity of your case.
Factors such as the nature of the charges, the amount of evidence involved, and the length of the legal process can all impact the overall cost.
It’s wise to consult with prospective defense attorneys to get an estimate of the potential costs involved in your specific situation.
Factors to consider when budgeting for legal representation
When budgeting for legal representation, it’s crucial to assess your financial situation realistically. Consider factors such as attorney fees, court expenses, and any additional costs that may arise during the legal process. It’s wise to set aside a substantial amount or create a legal defense fund to ensure you have the necessary resources when they are needed most.
These funds should be stashed away somewhere to avoid being “confiscated” by law enforcement.
Preemptive measures: building a legal defense fund for marijuana cultivation
Being proactive and planning ahead can save you from unnecessary stress and financial strain in the event of legal disputes related to marijuana cultivation.
Strategies for setting aside funds for legal defense
One effective strategy is to establish a dedicated legal defense fund specifically for covering potential legal expenses. This fund should be separate from your regular business finances and set aside on a regular basis. By consistently contributing to this fund, you can accumulate the necessary resources over time, providing you with a safety net if legal issues arise.
Developing a comprehensive legal defense plan
Having a well-thought-out legal defense plan is essential. This includes not only financial preparations but also understanding the legal framework and regulations surrounding marijuana cultivation in Michigan. Stay abreast of any changes in the law and consult with your defense attorney to ensure you are always prepared to defend your rights.
Anything you say will be used against you! Call our office before you say anything —>
1. Is it necessary to have legal defense money if marijuana cultivation is legal in Michigan?
While marijuana cultivation may be legal in Michigan, there are still potential legal challenges and risks associated with the industry. Having legal defense funds readily available is crucial to navigate these complexities and protect your interests in case of any legal disputes or challenges that may arise.
2. How much should I budget for legal defense funds?
The amount to budget for legal defense funds may vary depending on various factors, such as the size of your operation, the level of risk involved, and the specific legal services you may require. It is recommended to consult with a legal professional to assess your unique situation and determine an appropriate budget for your legal defense funds.
3. Can I rely solely on compliance to avoid legal issues?
While compliance with marijuana laws and regulations is crucial, it is not a foolproof guarantee against legal issues. Laws and regulations can change, and misunderstandings or disputes may arise. Having legal defense funds in place ensures you are prepared to navigate any unforeseen legal challenges that may arise, even if you are operating in full compliance.
4. What steps can I take to minimize legal risks as a marijuana grower in Michigan?
To minimize legal risks as a marijuana grower in Michigan, it is important to stay informed about the latest laws, licensing requirements, and zoning regulations. Maintaining meticulous records and documentation, implementing robust compliance practices, and seeking legal counsel when needed are all proactive measures that can help mitigate legal risks associated with operating in the marijuana industry.
If you or someone you know has been accused of a crime or DUI. Call Komorn Law and turn the odds in your favor. Call Now 248-357-2550
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
