On October 7, 2025, Michigan Governor Gretchen Whitmer signed into law the Comprehensive Road Funding Tax Act (House Bill 4951), which will impose a 24% excise tax on wholesale marijuana transactions beginning January 1, 2026. This new tax is in addition to the existing 10% excise tax and 6% sales tax on retail marijuana sales, marking a significant additional obstacle to positive margins in Michigan’s cannabis regulatory landscape.
Hemp-derived THC beverages comprise one of the fastest-growing beverage categories in the United States right now. With Circle K and Target recently announcing market entry the industry is quickly reaching mainstream status and creating interest for more brands to enter the space. At the same time states across the country are quickly enacting legislation to regulate these products in vastly different ways, creating a unique set of challenges for early-stage companies.
In March 2025, the Office of Cannabis Management (OCM) officially closed its application window for cannabis licenses in Minnesota. While some license types were decided by lottery, others were uncapped, including testing facilities. Testing facilities are integral to the Minnesota cannabis supply chain as they ensure that all products bought and sold in Minnesota are safe for consumers. Given their essential function within the Minnesota cannabis industry, OCM has prioritized the prompt operational readiness of testing facilities. With no need to wait for a lottery, potential license holders pursuing those types of licenses are able to begin searching for and securing property and ensuring its compliance with local laws.
As the 2024 Minnesota Legislative Session came to a chaotic close on May 20, numerous changes to Minnesota Statutes Chapter 342 were sent to the Governor’s desk to build on the already existing cannabis regulatory structure. On May 24, Governor Tim Walz signed the amendments to Chapter 342, which address social equity provisions, preapproval process for social equity applicants, the larger application and licensing process, and consumer safety.
The biggest legal shift in the cannabis industry in decades just occurred on the heels of the Drug Enforcement Administration’s (DEA) proposal today for cannabis rescheduling. Specifically, as many anticipated, the DEA will exercise its authority to reschedule cannabis from a schedule I controlled substance to a schedule III controlled substance on the Controlled Substances Act (CSA). This cannabis rescheduling comes in part from the recommendation of the Department of Health and Human Services to reschedule cannabis from a I to a III on the CSA. The DEA’s proposal must now go before the White House Office of Management and Budget (OMB) for review and approval. The OMB’s primary functions relate to budget formulation and execution, legislative coordination and clearance, executive orders and proclamations, information and regulatory affairs, and mission-support areas and management initiatives. OMB will very likely review this DEA proposal for budget impact, regulatory impact, and legislative coordination.
Artificial Intelligence (AI) continues to jump leaps and bounds in 2024. As a lawyer, I’m always curious about how to integrate AI into my practice in order to better serve my clients. And now and then I check in with this seemingly omnipotent technology to ask what it deems top of mind for the cannabis industry. Given that we’re fresh into the new year, I logged into ChatGPT to ask it “What are the most asked questions about cannabis law”, and its answers honestly surprised me. Mainly because, after almost 14 years of practice in this area, it seems that the same questions remain despite all of the legal progress and reform in the area state by state.
On the heels of New York and Missouri legalizing adult use cannabis, on November 7, 2023, Ohio voters approved “Issue 2” – a citizen initiative paving the way for adult use marijuana legalization in the state, which according to voter ballots creates “a system that regulates and taxes marijuana just like alcohol”. While the law goes into effect on December 7th, lawmakers can modify the new law before it goes into effect, and of course Ohio’s newly created Division of Cannabis Control (within the Department of Commerce) will need to rulemake around the new law, which could throw some curveballs at enterprising adult use marijuana businesses.