(1) As used in this section:

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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 :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
         (32)(a) a land use permit; or
         (32)(b) a land use application. See Utah Code 10-9a-103
  • Municipality: means :
         (5)(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;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
     (1)(a) “Cannabis production establishment” means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.
     (1)(b) “Closed-door medical cannabis pharmacy” means the same as that term is defined in Section 4-41a-102.
     (1)(c) “Industrial hemp producer licensee” means the same as the term “licensee” is defined in Section 4-41-102.
     (1)(d) “Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.
(2)

     (2)(a)

          (2)(a)(i) A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:

               (2)(a)(i)(A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and
               (2)(a)(i)(B) this chapter.
          (2)(a)(ii) A municipality may not regulate an industrial hemp producer licensee in conflict with:

               (2)(a)(ii)(A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
               (2)(a)(ii)(B) this chapter.
     (2)(b) 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)

     (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:

          (3)(a)(i) regarding a cannabis production establishment, Section 4-41a-406; or
          (3)(a)(ii) regarding a medical cannabis pharmacy, Section 4-41a-1105.
     (3)(b) A municipality shall take the action described in Subsection (3)(a):

          (3)(b)(i) before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and
          (3)(b)(ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).
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