Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
Medical cannabis pharmacy: means a person that:
(a)
(i)
acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
(ii)
possesses medical cannabis or a medical cannabis device; and
(b)
sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(a)
shall be a permitted use:
(i)
in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
(ii)
on land that the municipality or county has not zoned; and
(b)
is subject to the land use regulations, as defined in Sections 26B-7-506 and 17-27a-103, that apply in the underlying zone.
(2)
A municipality or county may not:
(a)
on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
(i)
a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to operate a medical cannabis pharmacy; or
(ii)
a business license to operate a medical cannabis pharmacy;
(b)
require a certain distance between a medical cannabis pharmacy and:
(i)
another medical cannabis pharmacy;
(ii)
a cannabis production establishment;
(iii)
a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
(iv)
an outlet, as that term is defined in Section 32B-1-202; or
(c)
in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a medical cannabis pharmacy that was not in effect on the day on which the medical cannabis pharmacy submitted a complete land use application.
(3)
(a)
A municipality or county may enact an ordinance that:
(i)
is not in conflict with this part; and
(ii)
governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(b)
An ordinance that a municipality or county enacts under Subsection (3)(a) may not restrict the hours of operation from 7 a.m. to 10 p.m.
(4)
An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application process described in:
