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Utah Code § 4-41a-1105

Local control

Amended by Chapter 15, 2025 Special Session 1

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.