Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.

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  • (1) As used in this section:
    • (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102.
    • (b) "Industrial hemp producer licensee" means the same as the term "licensee" is defined in Section 4-41-102.
    • (c) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.
  • (2)
    • (a)
      • (i) A municipality may not regulate a cannabis production establishment in conflict with:
        • (A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and
        • (B) this chapter.
      • (ii) A municipality may not regulate a medical cannabis pharmacy in conflict with:
        • (A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and
        • (B) this chapter.
      • (iii) 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.
    • (c) The Department of Health has plenary authority to license programs or entities that operate 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 26-61a-507.
    • (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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