Indian tribes: commercial cannabis activity.

Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , which includes the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by the voters at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial cannabis activity. MAUCRSA specifies the requirements to obtain a license to engage in commercial cannabis activity. AUMA authorizes the Legislature to amend its provisions by a bill passed with a 23 vote of each house of the Legislature, if the amendment furthers its purposes and intent. AUMA also authorizes the Legislature to amend other provisions by a bill passed by a majority vote if the bill implements specified substantive provisions and the amendments are consistent with and further the purposes and intent of the act. Under the existing federal doctrine of tribal immunity and the federal Indian Commerce Clause, the state, with certain exceptions, is precluded from asserting regulatory authority over the activities of federally recognized Indian tribes conducted on their own lands. Under federal law, absent express federal law to the contrary, the state may assert the same regulatory authority over Indians conducting activities beyond their own lands that the state asserts over all citizens of the state. This bill would establish the Cannabis Regulatory Enforcement Act for Tribal Entities or the "CREATE Act" and would require a tribe entering into a tribal cannabis regulatory agreement with the Governor, as ratified by the Legislature, to establish a tribal cannabis regulatory commission or agency pursuant to the tribe's established governmental process.