Section 4-41a-406 - Local control(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) "Land use decision" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.(c) "Land use permit" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.(d) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.(2)(a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.(b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.(c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.(3) A municipality or county may not: (a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:(i) a land use permit to operate a cannabis production facility; or(ii) a business license to operate a cannabis production facility;(b) require a certain distance between a cannabis production establishment and: (i) another cannabis production establishment;(ii) a medical cannabis pharmacy;(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; 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 cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.(4) An applicant for a land use permit to operate a cannabis production establishment 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.Amended by Chapter 238, 2024 General Session ,§ 2, eff. 5/1/2024.Amended by Chapter 327, 2023 General Session ,§ 10, eff. 5/3/2023.Amended by Chapter 5, 2019SP1 General Session ,§ 10, eff. 9/23/2019.Renumbered from §4-41b-405 and amended by Chapter 1, 2018SP3 General Session ,§ 20, 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.