Utah Code § 10-9a-528

Current through the 2024 Fourth Special Session
Section 10-9a-528 - Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee
(1) As used in this section:
(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.
(b) "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102.
(c) "Industrial hemp producer licensee" means the same as the term "licensee" is defined in Section 4-41-102.
(d) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201.
(2)
(a)
(i) A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:
(A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and
(B) this chapter.
(ii) A municipality 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 or a medical cannabis pharmacy.
(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:
(i) regarding a cannabis production establishment, Section 4-41a-406; or
(ii) regarding a medical cannabis pharmacy, Section 4-41a-1105.
(b) A municipality shall take the action described in Subsection (3)(a):
(i) before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and
(ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).

Utah Code § 10-9a-528

Amended by Chapter 238, 2024 General Session ,§ 5, eff. 5/1/2024.
Amended by Chapter 327, 2023 General Session ,§ 104, eff. 7/1/2023, coordination clause.
Amended by Chapter 273, 2023 General Session ,§ 28, eff. 7/1/2023.
Amended by Chapter 327, 2023 General Session ,§ 21, eff. 5/3/2023, app. 5/3/2023.
Amended by Chapter 60, 2021 General Session ,§ 2, eff. 5/5/2021.
Added by Chapter 5, 2019SP1 General Session ,§ 16, eff. 9/23/2019.