SB 325

 02-24 08:40  S.B. 325
1Amendments to Cannabis Agreements With Tribes
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: Ronald M. Winterton
                                               House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends provisions related to medical cannabis.
6   Highlighted Provisions:
7This bill:
8▸ amends provisions related to medical cannabis facilities operated under an agreement
9   between the governor and a tribe.
10   Money Appropriated in this Bill:
11None
12   Other Special Clauses:
13None
14   Utah Code Sections Affected:
15   AMENDS:
164-41a-105, as last amended by Laws of Utah 2023, Chapter 273
17
18   Be it enacted by the Legislature of the state of Utah:
19Section 1. Section 4-41a-105 is amended to read:
204-41a-105 . Agreement with a tribe.
21   (1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian band.
22   (2)(a) In accordance with this section, the governor may enter into an agreement with a
23tribe to allow [for the operation of] the tribe to operate a cannabis production
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24establishment or a medical cannabis pharmacy on tribal land located within the state.
25(b) An agreement described in Subsection (2)(a) may not exempt any person from the
26requirements of this chapter.
27(c) The governor shall ensure that an agreement described in Subsection (2)(a):
28(i) is in writing;
29(ii) is signed by:
30(A) the governor; and
 S.B. 325  02-24 08:40
31(B) the governing body of the tribe that the tribe designates and has the authority
32to bind the tribe to the terms of the agreement;
33(iii) states the effective date of the agreement;
34(iv) provides that the governor shall renegotiate the agreement if the agreement is or
35becomes inconsistent with a state statute; and
36(v) includes any accommodation that the tribe makes:
37(A) to which the tribe agrees; and
38(B) that is reasonably related to the agreement.
39      (d) Before executing an agreement under this Subsection (2), the governor shall consult
40with the department.
41      (e) At least 30 days before the execution of an agreement described in this Subsection (2),
42the governor or the governor's designee shall provide a copy of the agreement in the
43form in which the agreement will be executed to:
44(i) the chairs of the Native American Legislative Liaison Committee; and
45(ii) the Office of Legislative Research and General Counsel.
46  (3) A cannabis production establishment authorized by an agreement under this section:
47      (a) is exempt from the cap on cannabis production establishment licenses allowed under
48this chapter;
49      (b) may transport cannabis and medical cannabis to other licensed cannabis production
50establishments or medical cannabis pharmacies licensed in this state if done in
51accordance with this chapter;
52      (c) shall comply with all requirements of this chapter; and
53      (d) is subject to all fees, fines, and discipline described in this chapter.
54Section 2. Effective Date.
55  This bill takes effect on May 6, 2026.
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