NEW CLIENTS! Get in Touch Today for a FREE Business Assessment!

Learning Center
We keep you up to date on the latest tax changes and news in the industry.

Key Insights on Michigan's Controversial Marijuana Tax Battle

Amidst the ever-evolving landscape of cannabis regulation, Michigan finds itself at a pivotal moment as it confronts legal challenges to its newly introduced 24% wholesale marijuana tax. With the potential to shake up cannabis pricing structures and influence state tax policies nationwide, this lawsuit has captured widespread attention from stakeholders near and far. Whether rooted in or beyond Michigan, understanding this case is crucial for anticipating future shifts in cannabis taxation and legislation.

Image 2

Understanding Michigan's Legislative Move

Under the 2025–2026 budget, Michigan lawmakers passed a 24% wholesale tax on cannabis as a strategy to fund ambitious road improvement projects. This tax targets the upstream segment of the cannabis supply chain, impacting transactions before products reach dispensary shelves.

Prior to this, Michigan's cannabis pricing included:

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

  • The regular 6% state sales tax

Introduction of this wholesale tax positions Michigan’s cannabis tax regime among the most complex in the U.S., setting a precedent that could have wider implications.

The Cannabis Industry's Legal Challenge

The Michigan Cannabis Industry Association (MCIA) has launched a lawsuit asserting the tax's unconstitutionality. The association claims this tax conflicts with the 2018 voter-approved measures, which demand a three-fourths supermajority for any amendments—a threshold not met during the legislative process.

MCIA's spokesperson Rose Tantraphol underscored the organization's commitment to defending voter intent, as reported in Michigan Advance.

Compounded layers of costs concern industry advocates, fearing that increased pricing could push consumers toward untaxed, illicit markets—echoing trends observed in other high-tax states like California.

Speak To An Expert
Speak to an expert today on how we can help your business
Get Started

Image 3

Michigan's Defense Argument

In its defense, Michigan contends that the wholesale tax represents a new fiscal measure rather than a direct amendment to pre-existing voter-sanctioned laws. The state justifies its authority under the legislature's powers to levy taxes, with revenues earmarked specifically for infrastructure improvements.

Should the courts uphold this view, the tax is set to be implemented by January 1, 2026.

Potential Consumer Impact

The ramifications of this legal battle extend beyond Michigan's borders. If upheld, the wholesale tax could result in:

  • Higher wholesale rates translating to increased retail prices

  • An incentivization for consumers to purchase from untaxed sources

  • A financial strain on smaller cannabis businesses

While a court dismissal of the tax would maintain Michigan’s existing, comparatively lower-cost framework, its influence on consumer behavior and market dynamics remains pivotal to observe.

Broader National Implications

Even though this dispute is localized to Michigan, its findings and implications might resonate nationwide.

1. Redefining Voter-Approved Laws
The case challenges the rigidity of voter-sanctioned legislation, potentially altering the dynamics of state ballot initiatives.

2. Informing Other States' Tax Policies
States grappling with similar infrastructure funding challenges may look to Michigan’s example for solutions.

3. Illustrating National Cannabis Tax Disparities
From states with modest cannabis taxes like Michigan and Oregon to those with robust illicit markets spurred by high taxes, this case illustrates ongoing tax strategy debates nationwide.

Next Steps

The Court of Claims recently heard opening arguments, with a decision anticipated soon. The ruling's outcome will not only guide Michigan's cannabis industry but also influence nationwide approaches to state-regulated, voter-approved laws and tax systems.

Speak To An Expert
Speak to an expert today on how we can help your business
Get Started
Share this article...

Want tax & accounting tips and insights?

Sign up for our newsletter.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .
Clarity Tax + Accounting Hello! How can we help?
Welcome to ClarityBot--your smart assistant for clarifying payroll, bookkeeping and tax!
Please fill out the form and our team will get back to you shortly The form was sent successfully