(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 10-20-102 and 17-79-102, 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 10-20-102 and 17-79-102, 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 Sections 10-20-902 and 17-79-803, 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 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; and (b) Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.