BILL NUMBER: AB 2545	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2545, as amended, Bonta. Medical  cannabis. 
 cannabis: 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,  authorizes   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 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.    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.  
   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. 
   This bill would  state the intent of the Legislature to
enact legislation addressing the state regulation of medical cannabis
grown on, but transported out of, tribal lands.  
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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 18 (commencing with Section
19370) is added to Chapter 3.5 of Division 8 of the  
Business and Professions Code  , to read:  

      Article 18.  Agreements with Tribal Governments


   19370.  (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). 

  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.