Utah Code 10-9a-528. Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee

Superseded 7/1/2023)

Superseded 7/1/2023
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

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.
Land: includes :Utah Code 68-3-12.5
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:

(a)	a land use permit; or

(b)

a land use application. See Utah Code 10-9a-103

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)	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 in conflict with:

(A)	Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and

(B)	this chapter.

(ii)

A municipality may not regulate a medical cannabis pharmacy in conflict with:

(A)	2, and applicable jurisprudence; and

(B)	this chapter.

(iii)

A municipality may not regulate an industrial hemp producer licensee in conflict with:

(A)	Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and

(B)	this chapter.

(b)	The Department of Agriculture and Food has plenary authority to license programs or entities that operate a cannabis production establishment.

(c)	The Department of Health and Human Services has plenary authority to license programs or entities that operate 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 26B-4-235.

(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 327, 2023 General Session

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