§ 44-10-301 — Local licensing authority - applications - licenses

(1) A local
licensing authority may issue only the following medical marijuana licenses upon
payment of the fee and compliance with all local licensing requirements to be
determined by the local licensing authority:

(a) A medical marijuana store license;

(b) A medical marijuana cultivation facility license;

(c) A medical marijuana products manufacturer license;

(d) A medical marijuana testing facility license;

(e) A medical marijuana transporter license;

(f) A medical marijuana business operator license;

(g) A marijuana research and development license; and

(h) A medical marijuana delivery permit.

(2) (a) (I) A local licensing authority shall not issue a local license to a
medical marijuana business within a municipality, city and county, or the
unincorporated portion of a county unless the governing body of the municipality or
city and county has adopted an ordinance, or the governing body of the county has
adopted a resolution, containing specific standards for license issuance, or if no
such ordinance or resolution is adopted prior to July 1, 2012, then a local licensing
authority shall consider the minimum licensing requirements of this part 3 when
issuing a license.

(II) In addition to all other standards applicable to the issuance of licenses
under this article 10, the local governing body may adopt additional standards for
the issuance of medical marijuana store, medical marijuana cultivation facility, or
medical marijuana products manufacturer licenses consistent with the intent of this
article 10 that may include, but need not be limited to:

(A) Distance restrictions between premises for which local licenses are
issued;

(B) Reasonable restrictions on the size of an applicant's licensed premises;
and

(C) Any other requirements necessary to ensure the control of the premises
and the ease of enforcement of the terms and conditions of the license.

(b) An application for a license specified in subsection (1) of this section must
be filed with the state licensing authority and the appropriate local licensing
authority on forms provided by the state licensing authority and must contain such
information as the state licensing authority may require and any forms as the local
licensing authority may require. Each application must be verified by the oath or
affirmation of the persons prescribed by the state licensing authority.

(c) An applicant shall file, at the time of application for a license, plans and
specifications for the interior of the building if the building to be occupied is in
existence at the time. If the building is not in existence, the applicant shall file a
plot plan and a detailed sketch for the interior and submit an architect's drawing of
the building to be constructed. In its discretion, the local or state licensing authority
may impose additional requirements necessary for the approval of the application.

(3) Retail marijuana businesses. (a) When the state licensing authority
receives an application for original licensing or renewal of an existing license or
permit for any retail marijuana business, the state licensing authority shall provide,
within seven days, a copy of the application to the local jurisdiction in which the
business is to be located unless the local jurisdiction has prohibited the operation of
retail marijuana businesses pursuant to section 16 (5)(f) of article XVIII of the state
constitution. The local jurisdiction shall determine whether the application complies
with local restrictions on time, place, manner, and the number of retail marijuana
businesses. The local jurisdiction shall inform the state licensing authority whether
the application complies with local restrictions on time, place, manner, and the
number of retail marijuana businesses.

(b) A local jurisdiction may impose a separate local licensing requirement for
retail marijuana businesses as a part of its restrictions on time, place, manner, and
the number of marijuana businesses. A local jurisdiction may decline to impose any
local licensing requirements, but a local jurisdiction shall notify the state licensing
authority that it either approves or denies each application forwarded to it.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2857, � 5, effective January 1, 2020.