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AB-1096 Marijuana: agreements with tribal governments.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1096:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1096


Introduced by Assembly Member Bonta

February 17, 2017


An act relating to medical cannabis. to add Chapter 22 (commencing with Section 26212) to Division 10 of the Business and Professions Code, relating to marijuana.


LEGISLATIVE COUNSEL'S DIGEST


AB 1096, as amended, Bonta. Medical cannabis. Marijuana: agreements with tribal governments.
The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, allows the use of marijuana for medical purposes. The Medical Marijuana Regulation and Safety Act, enacted by the Legislature, provides for the state licensure and regulation of commercial medical cannabis activities by the Department of Consumer Affairs, the Department of Food and Agriculture, or the State Department of Public Health, as specified.
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative statute enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, authorizes a person 21 years of age or older to possess and use specified amounts of marijuana. AUMA also authorizes a person who obtains a state license under AUMA to engage in commercial marijuana activity. AUMA generally divides responsibility for the state licensure and regulation of commercial marijuana activity among the Bureau of Marijuana Control within the Department of Consumer Affairs, the Department of Food and Agriculture, and the State Department of Public Health, and requires those state licensing authorities to begin issuing licenses by January 1, 2018. AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of each house of the Legislature, to further its purposes and intent. AUMA also authorizes the Legislature by a majority vote to amend certain provisions of the act to implement specified substantive provisions, provided that the amendments are consistent with and further the purposes and intent of the act.
Existing federal law, the doctrine of tribal immunity, and the Indian Commerce Clause preclude the state, with certain exceptions, from asserting regulatory authority over the activities of federally recognized Indian tribes on their own lands.
This bill would authorize the Governor to enter into agreements concerning medical and recreational marijuana with a federally recognized sovereign Indian tribe, as defined. The bill would authorize these agreements to include provisions regulating the activities of a licensee operating on and off the land of a federally recognized sovereign Indian tribe. The bill would require these agreements to include a provision requiring an individual conducting marijuana business activity on tribal land to meet the state and local licensure requirements, as specified, that are required of a licensee operating within the jurisdiction of the local government in which the tribal land is located. The bill would authorize the Governor to delegate the authority to negotiate agreements to the Director of the Bureau of Marijuana Control.

The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, authorizes the use of marijuana for medical purposes. The Medical Marijuana Regulation and Safety Act, enacted by the Legislature, provides for the state licensure and regulation of certain commercial medical cannabis activities by the Department of Consumer Affairs, the Department of Food and Agriculture, or the State Department of Public Health, as specified.

This bill would state the intent of the Legislature to enact legislation to address state regulation of medical cannabis grown on, but transported out of, tribal lands.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 22 (commencing with Section 26212) is added to Division 10 of the Business and Professions Code, to read:
CHAPTER  22. Agreements with Tribal Governments

26212.
 For purposes of this chapter, a “federally recognized sovereign Indian tribe” means an Indian tribe, band, nation, or community wholly or partially located within the geographical boundaries of the State of California that the United States Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 479a).

26213.
 (a) The Governor may enter into an agreement concerning medical and recreational marijuana with a federally recognized sovereign Indian tribe.
(b) An agreement may include provisions regulating the activities of a licensee pursuant to Section 19328 and pursuant to Section 26050 operating on and off the land of a federally recognized sovereign Indian tribe.
(c) An agreement shall include a provision requiring an individual conducting marijuana business activity on the land of the federally recognized sovereign Indian tribe to meet the applicable state and local licensure requirements prescribed by Chapter 3.5 (commencing with Section 19300) of Division 8 and the applicable state and local licensure requirements prescribed by this division that are required of a licensee operating within the jurisdiction of the local government in which the tribal land is located.
(d) The Governor may delegate the authority to negotiate agreements to the Director of the Bureau of Marijuana Control.

SECTION 1.

It is the intent of the Legislature to enact legislation addressing the state regulation of medical cannabis grown on, but transported out of, tribal lands.