4-41a-1105. Local control.
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/ut/title-4/chapter-41a/4-41a-1105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/6/2025
4-41a-1105. Local control.
(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.
(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 .
Amended by Chapter 15 , 2025 Special Session 1