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Marijuana smell from Michigan outdoor grow prompts neighbors to sue

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This story was published with permission from Crain’s Detroit.

A West Michigan couple, who have been outspoken against the state’s legal marijuana industry, are suing the state’s top cannabis regulator, their local township leaders and a business for expanding its outdoor marijuana grow operations near their home.

The lawsuit, filed in U.S. District Court in Grand Rapids in December, alleges Hesperia-based HiCloud LLC expanded its Newfield Township grow operations into property zoned as residential near the 5-acre property and home of plaintiffs James and Carrie Draper, causing health issues for their children and violating the family’s Constitutional rights.

“The Drapers are now forced to raise their children in a home that smells of marijuana,” the lawsuit said. “Their clothes smell like marijuana. When they go to the grocery store and return to their car in the parking lot, their car smells like marijuana. People who do not know the Drapers would reasonably conclude that they are drug users. And it is difficult to have people visit their home because it smells like a drug house during the summer and early fall.”

The lawsuit is against HiCloud; Brian Hanna, executive director of the state’s Cannabis Regulatory Agency; Newfield Township; and Steven Micklin, the township’s zoning administrator.

HiCloud and Newfield Township did not immediately respond to requests for comment on the case. The CRA told Crain’s it does not comment on ongoing litigation.

The Drapers allege the HiCloud cultivation site expansion is retaliation for James Draper’s past attempts to keep cannabis out of Newfield Township, which is 30 miles north of Muskegon. Draper alleges the township fought against his ballot initiative to ban marijuana operations within the township’s borders, which ultimately failed in the 2022 election.

The lawsuit alleges the township used a scare campaign about rising property taxes due to litigation brought forth by cannabis operators if the township revoked operating licensure.

HiCloud began operating in Hesperia in 2021 and its expansion is, according to the lawsuit, less than 300 yards from the Drapers’ home where the couple reside with their five children.

The cultivator requested a special use permit from the township in 2023 to expand its operations to neighboring residential property, a request that was granted, the lawsuit contends.

Draper soon after filed a public safety complaint against the property, which was ultimately rejected by the township. Draper also filed a lawsuit, in which he represented himself, against the township in state circuit court in 2023. That lawsuit was dismissed.

The federal lawsuit alleges the Draper’s children suffer from headaches and migraines from the smell of marijuana and one of their children has allergy flare-ups when the smell is present.

First Lt. Mike Shaw, public information officer for the Michigan State Police in Oakland, Macomb and Wayne counties, told Crain’s that marijuana smell was the top complaint law enforcement received against the industry during the early days of legalization, but that is no longer the case. Residents have either gotten used to the smell or tolerate it as part of everyday life.

The Draper lawsuit alleges the township has also engaged in a retaliation and intimidation scheme against Draper, including ordinance violations issued against his commercial properties. The lawsuit is seeking damages for violating the Draper family’s Constitutional right to equal protection under federal law.

The case is also seeking to upend the state’s legal marijuana framework, alleging the adult-use recreational marijuana law, the Michigan Regulation and Taxation of Marihuana Act, violates federal laws.

None of the defendants have yet answered the complaint in federal court.

HiCloud’s troubles

Despite being co-defendants, HiCloud and the CRA are not allies. 

The CRA has filed several complaints against the operator and could revoke or not renew its license.

In August, the CRA filed a complaint against HiCloud for allegedly distributing to the illegal market after the Michigan State Police arrested its owner for a felony possession charge.

The MSP pulled over Endrit Cali, HiCloud’s owner, driving a rental truck east on I-96 near Lansing on Nov. 9, 2023. Inside the rented truck were 43.5 pounds of marijuana flower, three jars of marijuana wax oil and three jars of marijuana powder.

HiCloud does not possess a marijuana transporter’s license, and the marijuana in the rented truck was not tagged or recorded in the state’s METRC tracking system, according to a state complaint. So the MSP arrested Cali and a Clinton County district attorney charged him with felony possession of marijuana with the intent to distribute.

On the same day of Cali’s arrest, the CRA began investigating HiCloud after receiving a tip that the grower was illegally storing marijuana in an unregulated pole barn on its property in Hesperia and selling that product in the illegal market, instead of state-regulated dispensaries.

CRA agents visited HiCloud and found large batches of marijuana at its regulated facility with no regulated tracking tags and only handwritten tags. To prove that marijuana had come from the pole barn, CRA agents asked to review video recordings of HiCloud’s entry points, which it did not have.

Cali pled guilty to a reduced misdemeanor charge of obscene conduct in January 2024 and received a $950 fine. Under the felony charge, he technically faced a maximum penalty of seven years in prison and up to a $500,000 fine, but interpretation of the law at the time prevented felony charges.

The Michigan Court of Claims has since reinterpreted the law to allow for felony charges for large, unregulated grow operations.



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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