Michigan cannabis industry group seeks high court intervention to block 24% wholesale tax.
The Michigan Cannabis Industry Association (MiCIA) has urged the Michigan Court of Appeals to step in before a new 24% wholesale tax on marijuana takes effect on January 1, arguing that the tax is unconstitutional. The trade group filed an application for leave to appeal earlier this week, with MiCIA spokesperson Rose Tantraphol stating that the court's previous ruling declining to block the tax was "the wrong call."
The Michigan Cannabis Industry Association (MiCIA) claims that lawmakers have violated the state constitution by pushing a 24% wholesale tax on cannabis through without obtaining the required three-quarters supermajority. The group argues that any changes to voter-approved laws require such a majority vote, citing the 10% excise tax and 6% sales tax approved by voters in 2018.
The association has sued the state over the tax, claiming lawmakers used a "shell bill" to change the measure's purpose during the legislative process. A recent court ruling rejected two of MiCIA's constitutional arguments but left a third issue unresolved. As a result, the group is seeking an appeal from the Court of Appeals.
The proposed tax is seen as potentially devastating for the state's cannabis industry, which has already struggled with oversupply and falling prices. Industry leaders warn that adding the 24% wholesale tax will push Michigan's legal cannabis prices close to those in California, where high taxes have driven consumers back underground.
Tantraphol emphasizes the importance of blocking the tax, stating that it would harm an industry that has created thousands of jobs and generated significant revenue for the state. She warns that businesses would close, neighbors would lose jobs, and the state's Senate Fiscal Agency predicts a 14% decrease in total sales due to market elasticity.
In contrast, California Gov. Gavin Newsom recently signed a bill to roll back a 25% tax increase on recreational cannabis following concerns over high taxes driving legal businesses into the unregulated market.
The Michigan Cannabis Industry Association (MiCIA) has urged the Michigan Court of Appeals to step in before a new 24% wholesale tax on marijuana takes effect on January 1, arguing that the tax is unconstitutional. The trade group filed an application for leave to appeal earlier this week, with MiCIA spokesperson Rose Tantraphol stating that the court's previous ruling declining to block the tax was "the wrong call."
The Michigan Cannabis Industry Association (MiCIA) claims that lawmakers have violated the state constitution by pushing a 24% wholesale tax on cannabis through without obtaining the required three-quarters supermajority. The group argues that any changes to voter-approved laws require such a majority vote, citing the 10% excise tax and 6% sales tax approved by voters in 2018.
The association has sued the state over the tax, claiming lawmakers used a "shell bill" to change the measure's purpose during the legislative process. A recent court ruling rejected two of MiCIA's constitutional arguments but left a third issue unresolved. As a result, the group is seeking an appeal from the Court of Appeals.
The proposed tax is seen as potentially devastating for the state's cannabis industry, which has already struggled with oversupply and falling prices. Industry leaders warn that adding the 24% wholesale tax will push Michigan's legal cannabis prices close to those in California, where high taxes have driven consumers back underground.
Tantraphol emphasizes the importance of blocking the tax, stating that it would harm an industry that has created thousands of jobs and generated significant revenue for the state. She warns that businesses would close, neighbors would lose jobs, and the state's Senate Fiscal Agency predicts a 14% decrease in total sales due to market elasticity.
In contrast, California Gov. Gavin Newsom recently signed a bill to roll back a 25% tax increase on recreational cannabis following concerns over high taxes driving legal businesses into the unregulated market.