What to Know About Michigan's New Cannabis Tax Dispute

Michigan is once again at the epicenter of a significant cannabis policy dispute over a newly proposed 24% wholesale marijuana tax, which is already under constitutional scrutiny. This legal battle captures national interest, not just for its potential to impact cannabis prices but for its implications on voter-approved laws and taxation policies across the nation.

Regardless of your cannabis consumption or geographical distance from Michigan, this case holds substantial importance. The verdict could influence how other states devise, modify, and defend cannabis-related taxes and might offer insight into forthcoming legal contests as the cannabis industry matures.

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Details of Michigan's Proposal

Within its 2025–2026 budget, Michigan lawmakers endorsed a 24% wholesale tax on cannabis, aiming to generate funds for improving road infrastructure. This tax targets early stages in the supply chain prior to products reaching dispensary shelves.

Currently, Michigan levies two additional taxes:

  • A 10% excise tax on retail cannabis sales, instituted by voters in 2018

  • A standard 6% state sales tax. Should the new wholesale tax proceed, it would establish one of the most complex cannabis tax structures in the United States.

Reasons Behind the Industry's Legal Action

The Michigan Cannabis Industry Association (MCIA) challenges the tax as unconstitutional, primarily because:

The 2018 voter-approved marijuana statute cannot be modified without attaining a supermajority vote.

With the legalization of recreational cannabis through the Michigan Regulation and Taxation of Marihuana Act (MRTMA), protective measures were put in place requiring a three-fourths supermajority for any legislative amendments.

The wholesale tax was enacted with only a simple majority approval.

MCIA representative Rose Tantraphol highlighted the importance of this issue in statements to the Michigan Advance:

“As the principal cannabis trade association, we’re contesting in court to uphold Michigan voters' intentions.” (Source: Michigan Advance)

Industry advocates caution that the tax could raise prices, further pressure small businesses, and potentially drive consumers back to unregulated sources—a trend seen in other high-tax states like California.

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State's Defense of the Tax

Michigan defends the tax as legal based on:

  • The wholesale tax being new and not an alteration of the 2018 statute

  • The legislative authority to establish taxes to meet budgetary demands

  • The primary goal being road funding, without altering cannabis policies

If affirmed by the courts, the tax could be implemented by January 1, 2026.

Impact on Consumers Nationwide

Even for those distant from Michigan, this issue is critical as cannabis tax frameworks often echo across state lines. Should the tax withstand this judicial challenge:

  • Wholesale and retail cannabis prices will likely rise

  • An increase in prices might drive some consumers to cheaper black-market options

  • Smaller operators may face consolidation pressures

If invalidated, Michigan's current, relatively low-cost cannabis tax regime would persist.

Why This Case Has National Relevance

Although the dispute is centered in Michigan, its ramifications could impact nationwide:

1. It challenges voter-approved legal limits

If lawmakers can impose new taxes without supermajority consent, it might alter ballot initiative functions in every state utilizing them.

2. It could modify cannabis tax systems in other states

States with budget constraints for infrastructure may consider similar taxes if Michigan's prevails.

3. It spotlights the complexity of cannabis taxation nationally

States like Oregon and Michigan impose lower cannabis taxes, promoting legal market competitiveness, unlike high-tax states such as California where illicit markets flourish.

Michigan's proceedings could set precedence for tax litigation in other states.

Future Proceedings

A Michigan Court of Claims judge has already held initial hearings and is anticipated to issue a verdict soon. The matter may ultimately be heard by the Michigan Supreme Court.

The decision will carry significant weight — not only for Michigan’s cannabis businesses but in shaping how states govern voter-approved laws, emergent sectors, and tax jurisdiction.

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