Bill Text: CA AB2545 | 2015-2016 | Regular Session | Amended

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Bill Title: Medical cannabis: agreements with tribal governments.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2545 Detail]

Download: California-2015-AB2545-Amended.html

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BILL NUMBER: AB 2545	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2016
	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: 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
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 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 require these agreements to
include a provision requiring individuals conducting medical cannabis
business activity on   tribal land to meet the state and
local licensure requirements that are required of licensees operating
in the jurisdiction of the local government in which the tribal land
is located.  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: 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) Agreements made pursuant to subdivision (a) shall include a
provision requiring individuals conducting medical cannabis business
activity on the land of the federally recognized sovereign Indian
tribe to meet the applicable state and local licensure requirements
prescribed by this chapter that are required of licensees operating
within the jurisdiction of the local government in which the tribal
land is located.  
   (c) 
    (d)  The Governor may delegate to the chief of the
bureau authority to negotiate agreements made pursuant to subdivision
(a).