4-41a-105. Agreement with a tribe.
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Effective 7/1/2023
4-41a-105. Agreement with a tribe.
(1)As used in this section, "tribe" means a federally recognized Indian tribe or Indian band.
(a)In accordance with this section, the governor may enter into an agreement with a tribe to allow for the operation of a cannabis production establishment or a medical cannabis pharmacy on tribal land located within the state.
(b)An agreement described in Subsection (2)(a) may not exempt any person from the requirements of this chapter.
(c)The governor shall ensure that an agreement described in Subsection (2)(a) :
(i)is in writing;
(ii)is signed by:
(A)the governor; and
(B)the governing body of the tribe that the tribe designates and has the authority to bind the tribe to the terms of the agreement;
(iii)states the effective date of the agreement;
(iv)provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute; and
(v)includes any accommodation that the tribe makes:
(A)to which the tribe agrees; and
(B)that is reasonably related to the agreement.
(d)Before executing an agreement under this Subsection
(2), the governor shall consult with the department.
(e)At least 30 days before the execution of an agreement described in this Subsection
(2), the governor or the governor's designee shall provide a copy of the agreement in the form in which the agreement will be executed to:
(i)the chairs of the Native American Legislative Liaison Committee; and
(ii)the Office of Legislative Research and General Counsel.
Amended by Chapter 273 , 2023 General Session