Section 525 – Cannabis production establishments and medical cannabis pharmacies.

• (1) As used in this section:
  • (a) “Cannabis production establishment” means the same as that term is defined in Section 4-41a-102.
  • (b) “Industrial hemp producer licensee” means the same as the term “licensee” is defined in Section 4-41-102.
  • (c) “Medical cannabis pharmacy” means the same as that term is defined in Section 26-61a-102.

• (2)
  • (a)
    • (i) A county may not regulate a cannabis production establishment in conflict with:
      • (A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and
      • (B) this chapter.
    • (ii) A county may not regulate a medical cannabis pharmacy in conflict with:
      • (A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and
      • (B) this chapter.
    • (iii) A county 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.
  • (c) The Department of Health has plenary authority to license programs or entities that operate a medical cannabis pharmacy.

• (3)
  • (a) Within the time period described in Subsection (3)(b), a county 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 26-61a-507.
  • (b) A county shall take the action described in Subsection (3)(a):
    • (i) before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and
    • (ii) after January 1, 2021, in accordance with Subsection 17-27a-509.5(2).

Amended by Chapter 60, 2021 General Session