January 1, 2026 marks a pivotal moment for Michigan’s cannabis industry as the controversial 24% wholesale tax takes effect, fundamentally reshaping the economics of the state’s second-largest cannabis market in the nation.
Michigan cannabis businesses face a seismic shift in their operating environment with the implementation of the Comprehensive Road Funding Tax Act (CRFTA).
This new 24% wholesale excise tax applies to the transfer of adult-use cannabis from cultivators and processors to retailers, adding another layer to Michigan’s already complex tax structure.
The tax specifically targets three types of transactions:
This wholesale tax sits on top of the existing 10% retail excise tax and 6% state sales tax that consumers already pay, creating one of the highest effective tax rates in the nation’s cannabis industry.
Despite fierce opposition from the Michigan Cannabis Industry Association (MiCIA) and other industry groups, Court of Claims Judge Sima Patel denied a preliminary injunction request on December 9, 2024, allowing the tax to proceed as scheduled. The plaintiffs argued that the Legislature violated Michigan’s constitution by passing this tax without the three-fourths supermajority required to amend citizen-initiated statutes like the 2018 Michigan Regulation and Taxation of Marihuana Act (MRTMA).
MiCIA spokesperson Rose Tantraphol characterized the legislative process as using
“a trojan horse process during chaotic, middle-of-the-night actions to ram this legislation through.”
The association plans to continue its legal challenge, with the next hearing scheduled for January 13, 2026.
The wholesale tax directly increases costs for cultivators and processors selling into the retail channel. In Michigan’s already competitive market with compressed wholesale prices, operators face difficult decisions: absorb the tax through reduced margins or pass costs forward through higher prices.
Andrew Sereno, President of Glacier Cannabis, expressed the stark reality facing wholesalers:
“With a 24% tax, if we had to assume that, let’s be honest, the margin’s nowhere near that. I think there’s only one option in the end, which is to raise prices.”
Retailers will experience higher inventory costs, forcing adjustments to:
The cumulative tax burden will significantly impact the final retail price. With the 24% wholesale tax, 10% retail excise tax, and 6% sales tax, consumers will see substantially higher out-the-door prices starting in 2026. Industry analysts predict this could drive price-sensitive consumers back to the illicit market.
The Michigan Department of Treasury has published detailed guidance for businesses preparing for the new tax regime:
Businesses must maintain detailed transaction records including:
The Michigan Senate Fiscal Agency projects a 14.4% decline in legal market sales due to price increases. This aligns with warnings from industry economists and the Tax Foundation that higher tax burdens typically correlate with:
Senator Jeff Irwin (D-Ann Arbor), opposing the legislation, noted that Michigan currently captures three out of four cannabis sales in the legal market, compared to only one in three in high-tax states like California and Colorado.
While the tax is projected to generate $420.7 million annually for Michigan’s road and bridge infrastructure, industry stakeholders warn of unintended consequences:
The cannabis industry continues to evolve rapidly, and Michigan businesses must adapt to survive. While legal challenges continue, operators should prepare for the tax’s implementation while maintaining hope for legislative or judicial relief.
The January 13, 2026, scheduling conference could provide clarity on the lawsuit’s trajectory, but businesses cannot afford to wait. Proactive planning, strategic positioning, and operational excellence will separate successful operators from those unable to navigate this new landscape.
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