AB 2506: Cannabis: tribal-state agreements.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities and establishes the Department of Cannabis Control to administer its provisions.

Existing law authorizes the Governor to enter into an agreement with another state or states authorizing medicinal or adult-use commercial cannabis activity, or both, between foreign licensees, who are licensed under the laws of the other state or states, and entities operating with a state license pursuant to MAUCRSA, provided that the commercial cannabis activities meet specified requirements, including meeting state license safety standards, as specified. Existing law prohibits the agreement from taking effect unless, among other things, federal law is amended to allow for, or the United States Department of Justice issues an opinion or memorandum allowing or tolerating, interstate transfer of cannabis or cannabis products between authorized commercial cannabis businesses.

This bill would similarly authorize the Governor, or their designee, to enter into an agreement with a federally recognized Indian tribe in this state authorizing medicinal or adult-use commercial cannabis activity, or both, between entities licensed under the laws of a contracting tribe, as defined, and entities operating with a state license pursuant to MAUCRSA, provided that the commercial cannabis activities are lawful and subject to licensure under the laws of the tribal government, as specified, and meet specified requirements. The bill would make these provisions subject to federal approval or toleration of interstate cannabis activity as described above.

This bill would make its provisions severable.

AUMA authorizes the Legislature to amend the act to further the purposes and intent of the act with a ²/₃ vote of the membership of both houses of the Legislature.

This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.