Learning Center

What Americans Should Know About Michigan’s New Marijuana Tax Lawsuit

Michigan is once again at the center of a major cannabis policy fight — this time over a brand-new 24% wholesale marijuana tax that is already facing a constitutional challenge. As the first court hearing gets underway, the case is drawing national attention not only for its potential impact on cannabis prices but also for what it could mean for voter-approved laws and tax policy across the country.

Whether you use cannabis or live thousands of miles from Michigan, this case matters. The outcome could influence how other states design, amend, and defend cannabis taxes — and may offer a preview of future legal battles as the industry continues to grow.

Here’s what Americans should know.

What Exactly Is Michigan Proposing?

As part of its 2025–2026 budget, Michigan lawmakers approved a 24% wholesale tax on cannabis, designed to raise money for road improvements. This tax would apply earlier in the supply chain — before products land on dispensary shelves.

Michigan already imposes two other taxes:

  • 10% excise tax on retail cannabis purchases (approved by voters in 2018)

  • 6% state sales tax If the new wholesale tax takes effect, it would become one of the highest-layered cannabis tax structures in the United States.

Why Did the Industry File a Lawsuit?

The Michigan Cannabis Industry Association (MCIA) argues the tax is unconstitutional. Their claim centers on one key point:

The 2018 voter-approved marijuana law can’t be changed without a supermajority vote.

When Michigan voters legalized recreational cannabis through the Michigan Regulation and Taxation of Marihuana Act (MRTMA), that law became protected. Any legislative amendment requires a three-fourths supermajority.

Lawmakers passed the wholesale tax with only a simple majority.

MCIA spokesperson Rose Tantraphol emphasized the stakes in remarks reported by Michigan Advance:

“As the leading cannabis trade association, we’re here in court fighting to protect the will of Michigan voters.” (Source: Michigan Advance)

Industry groups also warn the tax would raise costs, strain small businesses, and potentially push consumers back toward unregulated sources — a trend seen in high-tax states like California.

What’s the State’s Argument?

Michigan’s government argues the tax is legal because:

  • The wholesale tax is new, not a modification of the 2018 voter-approved cannabis law

  • The legislature has authority to create taxes for budget needs

  • Its purpose is funding road infrastructure, not altering cannabis policy

If the courts agree, the tax could still take effect on January 1, 2026.

How Could This Affect Consumers?

Even Americans far from Michigan should pay attention, because cannabis tax structures tend to influence one another across state lines. If the tax survives the challenge:

  • Wholesale prices will rise

  • Retail prices may increase to compensate

  • Some consumers could turn to cheaper unregulated markets

  • Smaller operators may face pressure or consolidation

If the tax is struck down, Michigan’s current tax structure — already one of the lower-cost models nationally — would remain intact.

Why This Case Matters Nationally

Even though the lawsuit is unfolding in Michigan, its implications ripple beyond state borders.

1. It tests the limits of voter-approved laws

If lawmakers can add taxes without supermajority approval, it could reshape how ballot initiatives function in every state that uses them.

2. It may influence other states’ cannabis tax models

States struggling with underfunded infrastructure might consider similar taxes if Michigan’s survives.

3. It highlights an ongoing national issue: cannabis taxes vary wildly

Some states (like Oregon and Michigan) have relatively modest cannabis taxes, keeping legal products competitive. Others (like California) struggle with high taxes fueling thriving illicit markets.

Michigan’s lawsuit could become a model for how tax challenges are framed in other states.

What Happens Next?

A Michigan Court of Claims judge has heard the first round of arguments and is expected to issue a decision soon. The case may ultimately rise to the Michigan Supreme Court.

No matter the outcome, the ruling will be significant — not just for Michigan’s cannabis businesses, but for how states nationwide handle voter-approved laws, emerging industries, and tax authority.

Share this article...

NEVER MISS A STORY.

Sign up for our newsletters and get our articles delivered right to your inbox.

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 .

Social Media

Rose Tax & Financial

8 Pinon Ave
Cedar Crest, New Mexico 87008
Mon - Fri: 10:00am to 6:00pm
Sat: 10:00am to 2:00pm

Check the background of your financial professional on FINRA's BrokerCheck
Avantax affiliated Financial Professionals may only conduct business with residents of the states for which they are properly registered. Please note that not all of the investments and services mentioned are available in every state. Securities offered through Avantax Investment Services℠, Member FINRA, SIPC, Investment Advisory services offered through Avantax Advisory ServicesSM, Insurance services offered through an Avantax affiliated insurance agency. 3200 Olympus Blvd., Suite 100, Dallas, TX 75019. 972-870-6000.
The Avantax family of companies exclusively provide financial products and services through its financial representatives. Although Avantax Wealth Management® does not provide or supervise tax or accounting services, Avantax representatives may offer these services through their independent outside business. Content, links, and some material within this website may have been created by a third party for use by an Avantax affiliated representative. This content is for educational and informational purposes only and does not represent the views and opinions of Avantax Wealth Management® or its subsidiaries. Avantax Wealth Management® is not responsible for and does not control, adopt, or endorse any content contained on any third party website.
This information is not intended as tax or legal advice. Please consult legal or tax professionals for specific information regarding your individual situation.
The information being provided is strictly as a courtesy. When you link to any of the web sites provided here, you are leaving this web site. We make no representation as to the completeness or accuracy of information provided at these web sites. Nor is the company liable for any direct or indirect technical or system issues or any consequences.
For Important Information and Form CRS please visit https://www.avantax.com/disclosures.

FAQs Frequently Asked Questions
Type your message here.
Please fill out the form and our team will get back to you shortly The form was sent successfully