Rows of cannabis plants grow thick and tall in Michigan’s rich sandy soil. The marijuana fields look like any other farm with plants sticking out of the ground, complex irrigation systems and a fall harvest season bustling with farmworkers.
Marijuana also grows lush at indoor farms with the help of bright grow lamps and controlled temperatures. But Michigan doesn’t always consider growing weed agriculture – at least when it comes to property taxes.
That could change after a southwest Michigan marijuana grower recently challenged the state over its tax classification as commercial property instead of agricultural. And after a 16-month winding legal battle, a judge agreed with the farm, meaning it can tap into agricultural tax exemptions.
The law firm representing the grower has called it a “first-of-its kind” decision for Michigan.
“Looking at the definition in the General Property Tax Act of what constitutes agricultural, it certainly seems to us that the growing of a cannabis plant fits in that category and not commercial,” said Detroit attorney Carl Rashid Jr. of Dykema Law.
Rashid and Mark Magyar, a Lansing lawyer for the same firm, represented HRP Cassopolis LLC in the case.
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