Official Summary Text
AB 2506, as amended, Hart.
Cannabis licensure: tribal government licensure.
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 are lawful and subject to licensure under the laws of the other state or states, 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 authorize the Governor 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 foreign licensees, who are licensed under the laws of the tribal government, 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, subject to federal approval or toleration 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.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), an initiative measure approved by the voters, 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. MAUCRSA gives the department the sole authority to issue, renew, or deny state licenses for commercial cannabis activity, and imposes various requirements on state licensees.
Existing law generally requires that all commercial cannabis activity be conducted between
licensees and, among other things, requires that each applicant or licensee apply for, and, if approved, obtain, a separate license for each location where the applicant or licensee engages in commercial cannabis activity.
This bill would authorize a state licensee to engage in commercial cannabis activity with a tribal licensee, as described, if the department certifies that the relevant tribal government imposes requirements on the tribal licensee with regard to cannabis and cannabis products to be sold or otherwise transferred or distributed within the state that meet or exceed the requirements applicable to state licensees, as specified.
AUMA authorizes the Legislature to amend its provisions with a
2
3
vote of both houses to further its purposes and intent, except as specified.
This bill would declare that its provisions further the purposes and intent of AUMA.