Effective 7/1/2023
4-41a-1105. Local control.
| (1) |
The operation of a medical cannabis pharmacy:
Terms Used In Utah Code 4-41a-1105
| (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 10-9a-103 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. |
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| (3) |
| (a) |
A municipality or county may enact an ordinance that:
| (i) |
is not in conflict with this chapter; 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. |
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| (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:
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Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
