Section 4-41a-1105 - Local control(1) The operation of a medical cannabis pharmacy:(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.(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.(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:(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.Renumbered from § 26B-4-235 and amended by Chapter 307, 2023 General Session ,§ 180, eff. 7/1/2023, coordination clause.Renumbered from§ 26-61a-507 by Chapter 273, 2023 General Session ,§ 20, eff. 7/1/2023.Renumbered as § 26B-4-235 by Chapter 307, 2023 General Session ,§ 93, eff. 5/3/2023.Amended by Chapter 12, 2020 General Session ,§ 33, eff. 2/28/2020.Amended by Chapter 5, 2019SP1 General Session ,§ 40, eff. 9/23/2019.Amended by Chapter 136, 2019 General Session ,§ 25, eff. 5/14/2019.Renumbered from §26-60b-506 and amended by Chapter 1, 2018SP3 General Session ,§ 78, eff. 12/3/2018.Added by Utah Proposition 2, Medical Marijuana Initiative (2018), approved by the voters at the general election held on 11/6/2018, and effective 12/1/2018.