LANSING, MI – February 2, 2026 -  Three statewide organizations - the Michigan Public Transit Association (MPTA), the Michigan Association of Transportation Systems (MASSTrans), and the Michigan Environmental Council (MEC) - announced that they have jointly filed an amicus brief with the Michigan Court of Appeals in a case that could significantly affect Michigan’s transportation future.

The lawsuit is over Michigan’s new wholesale cannabis tax, which was enacted as part of the Comprehensive Road Funding Tax Act. After the Court of Claims allowed the challenge to continue, the State asked the Michigan Court of Appeals to intervene now to clarify the legal standard and prevent prolonged uncertainty over transportation funding. The groups’ amicus brief urges the Court to grant the State’s request and ensure the new revenue framework can be implemented predictably.

In their amicus brief, the organizations highlight concerns that:

• The lawsuit could expand Michigan’s initiative‑protection doctrine in ways that unintentionally jeopardize the state’s ability to fund transportation in the future.
• The lower court’s approach risks turning routine tax policy decisions into open‑ended legal and economic disputes, creating long periods of uncertainty.
• Because public transit systems rely on multi‑year planning, funding instability can freeze projects, delay service improvements, and halt progress communities have long been waiting for.

“This case is fundamentally about whether Michigan can rely on the transportation funding tools the Legislature approved,” said John Dulmes, Executive Director of the Michigan Public Transit Association. “Public transit agencies cannot plan routes, hire staff, or improve service if the funding behind those decisions is unstable.”

Ken Jimkoski, President of MASSTrans, underscored how legal uncertainty particularly harms smaller systems: “In many rural and small‑town communities, transit isn’t just convenient—it’s essential. When funding is unpredictable, agencies struggle to maintain service, let alone expand it. Riders feel the impact immediately.”

Ross Gavin, Director of Urban Land Use, Infrastructure, and Transportation at the Michigan Environmental Council, noted that the legal stakes extend well beyond transit: “This case will shape Michigan’s ability to make long‑term investments in transportation, sustainability, and community well‑being. We cannot meet climate goals or economic development needs if core funding sources are constantly tied up in litigation.”

The organizations stressed that they are not weighing in on cannabis policy, but rather defending Michigan’s ability to move forward with the transportation funding structure enacted by the Legislature.