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Legal questions surround Michigan’s new tax on marijuana

A image of the Michigan Capitol Building with money and a marijuana symbol with the words "Marijuana Tax" on the top left. With the It's Just Politics logo on the top right.

On the latest episode of It’s Just Politics, Zoe Clark and Rick Pluta dive deep into the aftermath of the new state budget.

Governor Gretchen Whitmer signed the new $80 billion state budget into law on Tuesday, marking the end of months of tense negotiations, missed deadlines, and behind-the-scenes wrangling in politically divided Lansing.

All sides are claiming some amount of victory: House Republicans are touting shrinking state government. Senate Democrats are celebrating increased school funding and preserving free school breakfast and lunches. And Whitmer finally secured new - albeit smaller - funding to “fix the damn roads.”

But how is that new road funding paid for?

In part, by a new 24% wholesale tax on recreational marijuana, projected to bring in some $420 million (yes, really).

But, critics of the new tax argue that it violates the Michigan Constitution, which says voter-approved initiatives - like the 2018 marijuana legalization law - can only be amended with a 3/4 majority vote in both the state House and Senate, or by another vote of the people. The wholesale tax received neither.

Whitmer and lawmakers say the law is legal but the cannabis industry has already filed a lawsuit challenging the tax, claiming it fundamentally changes the intent of the 2018 initiative.

Retired constitutional lawyer Robert LaBrant joins the podcast to look at the legal arguments both sides could make calling the questions “an interesting constitutional issue that deserves to be litigated.”

Plus, Michigan Budget Director Jen Flood, who helped steer the budget through this year’s lengthy negotiations, joined the pod to talk about the challenge of working with a divided legislature for the first time in 15 years, defending Michigan’s 50,000 state employees, and the future of economic development funding from the state.

Want to get political updates from Zoe and Rick straight to your inbox? Sign up for the It's Just Politics newsletter!

And if you have questions about the state budget, send them to Zoe and Rick at politics@michiganpublic.org

The state budget has taken all of the oxygen out of Lansing. But, what's really been going on at the state Capitol... and what comes next in Michigan politics?

Join Michigan Public’s It's Just Politics team Zoe Clark and Rick Pluta, as they return to Grand Rapids for our next Issues & Ale. They'll be joined by a panel of guests to dig into what’s happening at the state capitol and take your questions about Michigan politics.

Admission is free, but space is limited, so advance registration is needed. You can attend in person or watch it online.

Issues and Ale is an event series from Michigan Public designed to engage people in conversations about important issues facing Michigan in an informal atmosphere. Your questions are always welcome.

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Zoe Clark is Michigan Public's Political Director. In this role, Clark guides coverage of the state Capitol, elections, and policy debates. She hosts the weekly show It's Just Politics.
Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.