Superseded 7/1/2023)

Superseded 7/1/2023
17-27a-525.  Cannabis production establishments and medical cannabis pharmacies.

(1)  As used in this section:

Terms Used In Utah Code 17-27a-525

  • Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-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;
(b) a land use application; or
(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103
(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 county 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 county may not regulate a medical cannabis pharmacy in conflict with:

(A)  2, and applicable jurisprudence; and

(B)  this chapter.

(iii)  A county 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 county 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 county shall take the action described in Subsection (3)(a):

(i)  before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and

(ii)  after January 1, 2021, in accordance with Subsection 17-27a-509.5(2).

Amended by Chapter 327, 2023 General Session

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