Cannabis Tax Payments Being Distributed in Michigan

Cannabis Tax Payments Being Distributed in Michigan

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.

Links

For more information about adult-use marijuana tax distributions – including a breakdown of how much municipalities and counties received – go to Michigan.gov/RevenueSharing. To learn more about Michigan’s adult-use marijuana industry, go to Michigan.gov/cra.

Source: https://www.michigan.gov/treasury/news/2023/02/28/adult-use-marijuana-payments-being–distributed-to-michigan-municipalities-and-counties

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Legislative Update 12-9-22

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.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

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MI COURT OF APPEALS – Over 1000 Cannabis Plants Just a Misdemeanor

Court rules, Illegal marijuana grow of any size only a misdemeanor in Michigan.

Past defendants may have grounds to fight their prior convictions.

Since the act’s passage in 2018, the outdated 1978 law has led to the charging and conviction of over 3,500 individuals, as per analysis shared by Michigan Supreme Court spokesperson John Nevin with MLive. A total of 1,072 people have been convicted under this law.

Those defendants may have grounds to fight their prior convictions.

From MLIVE

 

Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws.

In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors. Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state. “They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody. 

What, do you get charged with a misdemeanor? “I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”

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The appellate court reviewed a case that arose from an August 2020 raid in Tuscola County. This raid was conducted by the state police-led Thumb Narcotics Unit, which operates across Huron, Tuscola, Sanilac, and Lapeer counties.

Tuscola County prosecutors have charged Kejbou with two crimes related to the 1978 drug law. This law stipulates that individuals found in possession of less than 20 marijuana plants may face a maximum sentence of four years in prison, while those possessing over 200 plants could face up to 15 years of imprisonment.

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Violations for exceeding allowed amounts range from civil infractions to misdemeanors. 

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Read more about it it here

No you don’t have the ‘right-to-work’ anymore

In February, Michigan’s right-to-work law will be repealed, marking a significant milestone as the state becomes the first in decades to overturn a union-restricting law known as “right-to-work,” which was enacted over a decade ago by a Republican-controlled Legislature.

The state’s “right-to-work” law, which allowed individuals in unionized workplaces to opt out of paying union dues and fees, has been repealed. This repeal is celebrated as a significant triumph for organized labor, especially considering the record-low union membership rates experienced last year. No dues and fees – no contributions.

The Democratic lawmakers pushed through the repeal, which Whitmer said would restore workers’ rights and protect Michiganders on the job.

Michigan expands Elliot-Larsen Act

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Michigan repeals third-grade reading law

Whitmer has also taken action by signing a bill that repeals Michigan’s third-grade reading law, which was implemented in 2016 due to the fact that less than half of Michigan third graders achieved a passing score on the reading section of M-Step..

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In late November, Whitmer signed the historic Clean Energy & Climate Action Package.

The legislation aims to enhance clean energy production by utilizing specific government mechanisms. This includes granting the Michigan Public Service Commission the authority to spearhead large-scale solar power projects, a role previously undertaken by local governments.

The state has set ambitious targets for its energy production in the coming years. By 2040, the goal is to generate all of its energy from clean sources. To make this vision a reality, the state has established milestones of achieving 50% clean energy by 2030 and 60% by 2035. Currently, the state derives 12% of its energy from renewable sources, primarily wind.

The act goes into place on Feb. 27, 2024.

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MI Democrats: Give driver licenses to undocumented immigrants

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Undocumented immigrants could obtain a Michigan driver license or state identification card under Democratic legislation that sponsors hope to make law this year.

Supporters say that giving more illegal immigrants legal permission to drive to work, medical appointments or other functions without the threat of arrest or deportation is a matter of “human dignity” that would benefit the economy, including farmers who rely on seasonal labor.

“It is not the state government’s purview or job to fix our broken immigration system,” House Majority Floor Leader Abraham Aiyash, D-Hamtramck, said.

 

“We’re not going to wait for the federal government to act to make sure that all Michiganders are going to be safe.”

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FAQs

Q: What do Michigan House bills 4410-4412 do?

A: Michigan House bills 4410-4412 would make noncommercial Michigan driver’s licenses and state identification cards available to applicants who do not have proof of U.S. citizenship or immigration status.

Q: Why are these bills being introduced?

A: The bills are being introduced to address the needs of undocumented immigrants and other noncitizens who need a driver’s license or state identification card for driving, employment, and other purposes.

Q: Who would be eligible for a noncommercial Michigan driver’s license or state identification card under these bills?

A: To be eligible for a noncommercial Michigan driver’s license or state identification card under these bills, an applicant must:

  • Be at least 16 years old
  • Be a resident of Michigan
  • Meet all other requirements for a driver’s license or state identification card, except for the requirement of proof of U.S. citizenship or immigration status

Q: How would noncommercial Michigan driver’s licenses and state identification cards be different from regular Michigan driver’s licenses and state identification cards?

A: Noncommercial Michigan driver’s licenses and state identification cards would have the same appearance and function as regular Michigan driver’s licenses and state identification cards, except that they would be marked “NONCOMMERCIAL” and would not be valid for travel outside of the United States.

Q: When would these bills take effect if they are passed?

A: If these bills are passed and signed into law, they would take effect on October 1, 2024.

Additional information:

The bills were introduced by Representative Stephanie Chang on September 28, 2023.
The bills have been referred to the House Committee on Transportation and Infrastructure.

Please note that this is just a summary of the legislation and does not constitute legal advice. If you have any questions about the legislation, you should consult with an attorney.

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Michigan K-12 students could take medical marijuana to school

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Students attending K-12 schools in Michigan would have the opportunity to utilize medical marijuana and CBD-infused products thanks to recently introduced legislation (2023-HIB-5063).

The bill, introduced by Democratic representatives in the Michigan House last week, aims to legalize the consumption of marijuana-infused edibles, beverages, and other products with minimal THC content by students on school premises or while riding a school bus.

A designated staff member will have the authority to administer the product, while only those with written permission specifying the appropriate timing and recipients will be permitted to ingest it. Examples of such instances include rescue medication for the relief or prevention of symptoms.

The goal is to improve access to medical marijuana for students who meet the required qualifications, thereby enhancing their accessibility.

It’s a clear demonstration of the state’s commitment to align its policies with the wide range of drugs that vary in legal status within Michigan.

FAQs 

Q: What is the purpose of Michigan legislation 2023-HIB-5063?

A: The purpose of Michigan legislation 2023-HIB-5063 is to require school districts to provide medical marijuana to students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana.

Q: Who is eligible to receive medical marijuana under the legislation?

A: Students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana are eligible to receive medical marijuana under the legislation.

Q: How would medical marijuana be administered to students under the legislation?

A: The legislation would require school districts to designate a school nurse or other qualified school employee to be responsible for administering medical marijuana to students. The legislation also requires school districts to develop a policy for the administration of medical marijuana to students.

Q: Are there any restrictions on the use of medical marijuana by students under the legislation?

A: Yes, there are some restrictions on the use of medical marijuana by students under the legislation. For example, students would not be allowed to use medical marijuana during school hours or during school-sponsored activities.

Q: When would the legislation take effect?

A: If the legislation is passed and signed into law, it would take effect on September 30, 2024.

Additional information:

  • The legislation was introduced by Representative Dylan Wegela on September 28, 2023.
  • The legislation has been referred to the House Committee on Regulatory Reform.
  • The legislation has not yet been voted on by the Michigan House of Representatives as of October 3, 2023.

Please note that this is just a summary of the legislation and does not constitute legal advice. If you have any questions about the legislation, you should consult with an attorney.

Random FAQs

Q: What is a subpoena?

A: A subpoena is a court order that requires a person to appear in court or to produce documents.

Q: What is a deposition?

A: A deposition is a sworn statement that a witness gives outside of court. Depositions are often used to gather evidence before a trial.

Q: What is a plea bargain?

A: A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence.

Q: What is a trial by jury?

A: A trial by jury is a trial in which a group of citizens, called jurors, decide the guilt or innocence of a defendant in a criminal case.

Q: What is an appeal?

An appeal is a process by which a party in a lawsuit asks a higher court to review a decision made by a lower court.

Q: What is a writ of habeas corpus?

A writ of habeas corpus is a court order that requires a person who is being held in custody to be brought before a judge so that the legality of their detention can be determined.

Q: What is a Miranda warning?

A Miranda warning is a warning that police officers must give to suspects before they interrogate them. The Miranda warning informs suspects of their rights, such as the right to remain silent and the right to an attorney.

Q: What is a statute of limitations?

A statute of limitations is a law that sets a time limit within which a lawsuit must be filed.

Q: What is a tort?

A tort is a civil wrong that causes harm to another person. Common torts include negligence, assault, and battery.

Q: What is a contract?

A contract is an agreement between two or more parties that is enforceable by law.

Q: What is a crime?

A crime is an act that is prohibited by law and punishable by the government.

What does Quash mean?

to say officially that something or an earlier decision, is no longer to be accepted: His conviction was quashed after his attorney argued that police evidence was all lies.

What is conviction vacated mean?

When a sentence is vacated: It legally annuls the conviction. Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime.

Why would a sentence be vacated?

Someone who has their conviction vacated are released from custody under certain conditions, such as a plea bargain being breached, proof of ineffective counsel, court bias, or another similar factor that might have impacted the outcome of the original trial.

Is vacating the same as dismissing?

‘Vacating’ or ‘setting aside’ is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or ‘no contest’ judgment).

‘Dismissing’ applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

Does vacated mean innocent?

Winning the motion to vacate doesn’t mean that this is the end of the matter. The conviction or sentence is canceled as if it never existed, but the court doesn’t close your case. Instead, the prosecutor then decides whether to drop or pursue the original charges.

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