Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2545

Introduced by Assembly Member Bonta

February 19, 2016

An act begin insert to add Article 18 (commencing with Section 19370) to Chapter 3.5 of Division 8 of the Business and Professions Code, end insert relating to medical cannabis.

LEGISLATIVE COUNSEL’S DIGEST

AB 2545, as amended, Bonta. Medical begin delete cannabis. end delete begin insert cannabis: agreements with tribal governments. end insert

The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, begin delete authorizes end delete begin insert allows end insert 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 cannabis activities by the Department of Consumer Affairs, the Department of Food and Agriculture, or the State Department of Public Health, as specified. begin insert end insert begin insert The act establishes the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs, under the supervision and control of the Director of Consumer Affairs, and requires the director to administer and enforce the provisions of the act. Existing law requires the Governor to appoint a chief of the bureau, subject to confirmation by the Senate, to serve under the direction and supervision of the director and at the pleasure of the Governor. end insert

begin insert

Existing law, the doctrine of tribal immunity and the Indian Commerce Clause, precludes the state, with certain exceptions, from asserting authority over the activities of federally recognized Indian tribes on their own lands.

end insert

This bill would begin delete state the intent of the Legislature to enact legislation addressing the state regulation of medical cannabis grown on, but transported out of, tribal lands. end delete begin insert authorize the Governor to enter into agreements concerning medical cannabis with federally recognized sovereign Indian tribes, as defined. The bill would authorize these agreements to include provisions regulating activities between licensees operating on and off the land of federally recognized sovereign Indian tribes. The bill would authorize the Governor to delegate to the chief of the bureau authority to negotiate these agreements. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 18 (commencing with Section 19370) is
added to Chapter 3.5 of Division 8 of the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 18. end insert   Agreements with Tribal Governments

 

begin insert 19370. end insert   

(a) The Governor may enter into agreements
concerning medical cannabis with federally recognized sovereign
Indian tribes. For purposes of this section, “federally recognized
sovereign Indian tribe” is defined as any Indian tribe, band, nation,
or community wholly or partially located within the geographical
boundaries of the State of California that the 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.
479a).

(b) Agreements made pursuant to subdivision (a) may include
provisions regulating activities between licensees operating on
and off the land of a federally recognized sovereign Indian tribe.

(c) The Governor may delegate to the chief of the bureau
authority to negotiate agreements made pursuant to subdivision
(a).

end insert

begin delete

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.

end delete