A. The department may enter into one or more intergovernmental agreements with any tribal government to efficiently coordinate the cross-jurisdictional administration of the laws of this state and the laws of tribal governments relating to the use of cannabis products set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act [N.M. Stat. Ann. Chapter 26, Article 2B]. The agreements may include, without limitation, provisions relating to:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1)     criminal and civil law enforcement;

(2)     regulatory issues relating to the possession, delivery, production, processing or use of cannabis products;

(3)     the administration of laws relating to taxation;

(4)     any immunity, preemption or conflict of law relating to the possession, delivery, production, processing or use of cannabis products; and

(5)     the resolution of any disputes between a tribal government and the state, which may include, without limitation, the use of mediation or other nonjudicial processes.

B. An agreement entered into pursuant to this section shall:

(1)     provide for the preservation of public health and safety;

(2)     ensure the security of cannabis establishments and the corresponding facilities on tribal land;

(3)     establish provisions regulating business involving cannabis that passes between tribal land and non-tribal land in New Mexico; and

(4)     be negotiated in good faith, which shall respect and protect state and tribal sovereign immunity.

C. As used in this section, “tribal government” means a federally recognized Indian nation, tribe or pueblo located wholly or partially in the state.