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(1) As used in this section:
(a) "Land use decision" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(b) "Land use permit" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
(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;
(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 26-62-103; or
(iv) an outlet, as that term is defined in Section 32B-1-202; or
(c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.
(4) 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:
(a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.