Superseded 7/1/2023)
Superseded 7/1/2023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. |
Terms Used In Utah Code 4-41a-105
| (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):
| (ii) |
is signed by:
| (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. |
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| (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. |
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Enacted by Chapter 1, 2018 Special Session 3
