Utah Code 4-41a-1105. Local control
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(1) The operation of a medical cannabis pharmacy:
Terms Used In Utah Code 4-41a-1105
- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102 - Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
- 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
- Medical cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Medical cannabis pharmacy: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) shall be a permitted use:(1)(a)(i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and(1)(a)(ii) on land that the municipality or county has not zoned; and(1)(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. - Medical cannabis: means the same as that term is defined in Section
(2) A municipality or county may not:
(2)(a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
(2)(a)(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
(2)(a)(ii) a business license to operate a medical cannabis pharmacy;
(2)(b) require a certain distance between a medical cannabis pharmacy and:
(2)(b)(i) another medical cannabis pharmacy;
(2)(b)(ii) a cannabis production establishment;
(2)(b)(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
(2)(b)(iv) an outlet, as that term is defined in Section 32B-1-202; or
(2)(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)
(3)(a) A municipality or county may enact an ordinance that:
(3)(a)(i) is not in conflict with this chapter; and
(3)(a)(ii) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(3)(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:
(4)(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(4)(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.