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Marijuana Tribal Compacts Tribal Advisory Council April 24, 2019

Marijuana Tribal Compacts Tribal Advisory Council April 24, 2019. House Bill 2000 (2015). Authorized the Governor to enter into Marijuana Compacts with federally recognized Indian Tribes, codified under RCW 43.06.490

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Marijuana Tribal Compacts Tribal Advisory Council April 24, 2019

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  1. Marijuana Tribal Compacts Tribal Advisory Council April 24, 2019

  2. House Bill 2000 (2015) • Authorized the Governor to enter into Marijuana Compacts with federally recognized Indian Tribes, codified under RCW 43.06.490 • A “compact” is a legal agreement which the Government of the Tribe and the Government of the State agree to mutual terms in which the Tribe can engage in business with State marijuana licensees. • Every compact is handled differently because every Tribe is unique and has different goals and needs. • The WSLCB has completed marijuana compacts with 11 tribes and is actively negotiating several more.

  3. Marijuana Compacts Workflow 1. Tribe contacts the state with interest in discussing marijuana compact (contact either WSLCB or Governor’s Office) 2. Initial discussion • WSLCB and Tribe convene to discuss goals, general terms of compact • Tribe is notified of medical endorsement information for marijuana retailers—Medical Endorsement Fact Sheet provided, which contains DOH contact information • MOA with DOH is necessary for medical endorsement and use of the Medical Marijuana Authorization Database (database) 3. Drafting compact agreement begins • Most current WSLCB compact template is shared with the Tribe • If Tribe is interested in the medical endorsement, DOH MOA template and Tribal Store Registration is provided to the Tribe • Tribal representatives provide WSLCB with initial draft edits of compact template • Time estimate: At Tribe’s convenience 4. WSLCB reconvenes with tribal representatives to discuss any draft edits and recommendations

  4. Marijuana Compacts Workflow Cont’d 5. Once Compact language is agreed upon, state agency staff review by Department of Revenue, Attorney General’s Office, Governor’s Office 6. WSLCB reconvenes with tribal representatives to discuss any edits and recommendations [REPEAT STEPS (4) – (6) AS NECESSARY] 7. Executed DOH MOA is provided to WSLCB (if applicable) 8. Tribe provides WSLCB with three signed copies of the Compact 9. WSLCB Board members and Agency Director approve and sign compact. Note: DOH MOA is included as an exhibit to the compact. 10. Compact is submitted to Governor’s Office for final review. 11. Final approval pending Governor’s Signature.

  5. Marijuana Compact Template A template is available on the WSLCB website for tribes interested in negotiating a compact. The template provides language used in other compacts and serves as a starting point for negotiations. The template includes draft language for the following sections: I. Introduction II. Parties – Names parties to the Compact III. Purpose and Intent – Provides background and overall purpose of Compact IV. Definitions V. General Matters – Speaks to immunity, applicability, buffer zone requirements, references to laws, rules, and policies, and other matters

  6. Marijuana Compact Template (Cont’d) VI. Retail Sales – Identifies locations (if applicable), conditions on retail sales VII. Producing and Processing – Identifies locations (if applicable), conditions on producing and processing VIII. Notice to Local Jurisdictions – Sets terms for providing notice to neighboring jurisdictions prior to starting producer, processor, or retail operations IX. Taxation and Record-Keeping – Taxation and auditing terms X. Safety and Enforcement – Sets process for premises and compliance check coordination and cooperation XI. Dispute Resolution – Notice, meet and confer, mediation, etc. XII. Communication and Notice – Contact information & notice requirements XIII.Effect, Duration, and Amendment

  7. Medical Marijuana Program The scope of the Medical Marijuana Program involves: • Administration of the medical marijuana authorization database (includes database end-user training and support) • Licensing and regulation of the medical marijuana consultant certificate credential • Voluntary standards for products that may be beneficial for medical use

  8. Medical Endorsement A medical endorsement is achieved through the signing of a Memorandum of Agreement between the Tribe and the Department of Health. • Provides access to the database • Requires a certified consultant on staff • Proper equipment (heat laminator, a computer and a printer)

  9. Contact us Shelly Rowden Washington State Department of Health shelly.rowden@doh.wa.gov (360) 236-2820 Brett Cain Washington State Liquor & Cannabis Board brett.cain@lcb.wa.gov (360) 664-1757 • www.lcb.wa.gov/tribal/tribal_ resources • www.doh.wa.gov/medicalmarijuana

  10. Questions?

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