Utah Code 4-41a-105. Agreement with a tribe
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(1) As used in this section, “tribe” means a federally recognized Indian tribe or Indian band.
Terms Used In Utah Code 4-41a-105
- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102 - Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Medical cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2)(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 or a medical cannabis pharmacy on tribal land located within the state.(2)(b) An agreement described in Subsection (2)(a) may not exempt any person from the requirements of this chapter.(2)(c) The governor shall ensure that an agreement described in Subsection (2)(a):(2)(c)(i) is in writing;(2)(c)(ii) is signed by:(2)(c)(ii)(A) the governor; and(2)(c)(ii)(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;(2)(c)(iii) states the effective date of the agreement;(2)(c)(iv) provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute; and(2)(c)(v) includes any accommodation that the tribe makes:(2)(c)(v)(A) to which the tribe agrees; and(2)(c)(v)(B) that is reasonably related to the agreement.(2)(d) Before executing an agreement under this Subsection (2), the governor shall consult with the department.(2)(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:(2)(e)(i) the chairs of the Native American Legislative Liaison Committee; and(2)(e)(ii) the Office of Legislative Research and General Counsel. - Medical cannabis: means the same as that term is defined in Section