(1) A provider, marijuana-infused products provider, dispensary, or testing laboratory
license or an endorsement for chemical manufacturing is a privilege that the state
may grant to an applicant and is not a right to which an applicant is entitled. In making a licensing decision, the department shall consider:
(a) the qualifications of the applicant; and
(b) the suitability of the proposed registered premises.
(2) The department or state laboratory, as applicable, may deny or revoke a license
based on proof that the applicant made a false statement in any part of the original
application or renewal application.
(3) The department or state laboratory, as applicable, may deny a license if the applicant's
proposed registered premises:
(a) is situated within a zone of a city, town, or county where an activity related
to the medical use of marijuana is prohibited by ordinance or resolution, a certified
copy of which has been filed with the department; or
(b) will adversely affect the welfare of the people residing in or of retail businesses
located in the vicinity.
(4)(a) The department or state laboratory, as applicable, may deny a license or endorsement
if the applicant's proposed registered premises or testing laboratory:
(i) is not approved by local building, health, or fire officials; or
(ii) is within 500 feet of and on the same street as a building used exclusively as
a church, synagogue, or other place of worship or as a school or postsecondary school
other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest
entrance of the place of worship or school to the nearest entrance of the licensee's
(b) The department may not approve a license for a provider, marijuana-infused products
provider, or dispensary if a local government has adopted an ordinance or resolution
prohibiting the operation of dispensaries or storefront businesses as allowed under
(c) For the purposes of this subsection (4), “school” and “postsecondary school” have
the meanings provided in 20-5-402.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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