(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) "Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(c) "Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(d) "Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(e) "Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
(2)
(a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
(b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
(c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
(3) A municipality or county may not:
(a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(i) a land use permit to operate a cannabis production facility; or
(ii) a business license to operate a cannabis production facility; or
(b) require a certain distance between a cannabis production establishment and:
(i) another cannabis production establishment;
(ii) a medical cannabis pharmacy;
(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or
(iv) an outlet, as that term is defined in Section 32B-1-202.
(4)
(a) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:
(i) a municipality shall comply with Section 10-20-902; and
(ii) a county shall comply with Section 17-79-803.
(b) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
(i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and
(ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.