17-79-610. Cannabis production establishments and medical cannabis pharmacies.
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/ut/title-17/chapter-79/17-79-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
17-79-610. Cannabis production establishments and medical cannabis pharmacies.
(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 "medical cannabis research 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 .
(i)A county 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 county 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.
(a)Within the time period described in Subsection (3)(b) , a county 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 county shall take the action described in Subsection (3)(a) :
(i)before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and
(ii)after January 1, 2021, in accordance with Subsection 17-79-805(2) .
Renumbered and Amended by Chapter 14 , 2025 Special Session 1