The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute approved 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. 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.
Existing law provides a local jurisdiction, defined as a city, city and county, or county, with specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity, including prohibiting that activity. Existing law prohibits a licensing authority from approving an application for a state license if approval will violate the provisions of a local ordinance or regulation.
This bill would amend AUMA by authorizing the Elk Valley Rancheria, California, a federally recognized Indian tribe, and the County of Del Norte to enter into an agreement, as defined, regarding local authorization for, and tribal regulation of, commercial cannabis activity. The bill would provide that the agreement would satisfy the requirements of MAUCRSA regarding the approval of a local jurisdiction for state license purposes and would require that the licensee or applicant be subject to all of the requirements of MAUCRSA for the applicable license type. The bill would exempt the agreement from the California Environmental Quality Act (CEQA) , but would not limit the licensee's requirement to comply with all state laws, including CEQA.
This bill would make legislative findings and declarations as to the necessity of a special statute for Elk Valley Rancheria and the County of Del Norte.
AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses of the Legislature, without submission to the voters, to further its purposes and intent.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.