10-9a-528. Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.
(1)
As used in this section:
Terms Used In Utah Code 10-9a-528 v2
Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
Jurisprudence: The study of law and the structure of the legal system.
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
(a)
“Cannabis production establishment” means the same as that term is defined in Section 4-41a-102.
(b)
“Industrial hemp producer licensee” means the same as the term “licensee” is defined in Section 4-41-102.
(c)
“Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.
(2)
(a)
(i)
A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:
The Department of Agriculture and Food has plenary authority to license programs or entities that operate a cannabis production establishment or a medical cannabis pharmacy.
(3)
(a)
Within the time period described in Subsection (3)(b), a municipality shall prepare and adopt a land use regulation, development agreement, or land use decision in accordance with this title and:
(i)
regarding a cannabis production establishment, Section 4-41a-406; or
(ii)
regarding a medical cannabis pharmacy, Section 4-41a-110.
(b)
A municipality shall take the action described in Subsection (3)(a):
(i)
before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and
(ii)
after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
Amended by Chapter 273, 2023 General Session Amended by Chapter 327, 2023 General Session, (Coordination Clause) Amended by Chapter 327, 2023 General Session