Section 105 – Agreement with a tribe.

• (1) As used in this section, “tribe” means a federally recognized Indian tribe or Indian band.

• (2)
  • (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 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.

Enacted by Chapter 1, 2018 Special Session 3