Effective 2/28/2020
26-61a-507. Local control.
26-61a-507. 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.
- (a) shall be a permitted use:
- (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 26-62-103; 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.
- (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
- (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.
- (a) A municipality or county may enact an ordinance that:
- (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.
Amended by Chapter 12, 2020 General Session