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Utah Code Title 10. Utah Municipal Code § 10-9a-528. Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee

Current as of January 01, 2025 | Updated by Findlaw Staff

(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) “Closed-door medical cannabis pharmacy” means the same as that term is defined in Section 4-41a-102.

(c) “Industrial hemp producer licensee” means the same as the term “licensee” is defined in Section 4-41-102.

(d) “Medical cannabis pharmacy” means the same as that term is defined in Section 26B-4-201.

(2)(a)(i) A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:

(A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and

(B) this chapter.

(ii) A municipality 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 or a medical cannabis pharmacy.

(3)(a) Within the time period described in Subsection (3)(b), a municipality 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 4-41a-1105.

(b) A municipality shall take the action described in Subsection (3)(a):

(i) before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and

(ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).

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Cite this article: FindLaw.com - Utah Code Title 10. Utah Municipal Code § 10-9a-528. Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-10-utah-municipal-code/ut-code-sect-10-9a-528/

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