California Assembly Unanimously Passes Bill to Allow Tribal-State Marijuana Agreements
- The California Assembly unanimously passed Assembly Bill 2506, allowing the governor to negotiate agreements with tribal governments regarding certain marijuana activities.
- AB 2506 authorizes tribal-state agreements involving commercial marijuana activities between tribal entities, tribal marijuana businesses, and state-licensed marijuana businesses.
- The bill restricts its application to lawful, licensed marijuana activities under tribal laws and requires federal approval or tolerance to avoid immediate federal conflicts.
- This legislation does not create new statewide marijuana licenses but provides a formal pathway for the state to collaborate with tribal governments on marijuana regulation.
The California Assembly has unanimously passed a bill that would allow the governor to enter into agreements with tribal governments involving certain marijuana activity.
Assembly Bill 2506, filed by Assemblymember Gregg Hart (D), was approved Tuesday in a 77 to 0 vote, with no lawmakers voting against the measure. The bill has since been sent to the Senate, where it has been referred to the Rules Committee for assignment.
Under current law, California’s marijuana system is regulated through the Medicinal and Adult-Use Cannabis Regulation and Safety Act, which licenses and oversees commercial marijuana businesses through the Department of Cannabis Control. State law generally applies to businesses licensed under California’s regulatory structure, while tribal governments may maintain their own systems for marijuana activity on tribal lands.
AB 2506 would authorize the governor, or someone acting on the governor’s behalf, to negotiate and enter into tribal-state agreements regarding commercial marijuana activity. The agreements could involve tribes, tribal marijuana businesses, state-licensed marijuana businesses and entities operating under a tribe’s laws.
The bill would apply only when the marijuana activity is lawful and subject to licensing under the laws of the tribal government, as specified. It would also be subject to federal approval or tolerance, language that appears designed to avoid moving forward in a way that would create immediate federal conflict.
According to the bill’s legislative digest, the agreements could cover commercial marijuana activity between tribal entities and state licensees, including activity involving marijuana businesses that operate under tribal law. The measure would not itself create a new statewide marijuana license type, but would instead give the state a formal path to reach agreements with tribal governments.