§ 17-79-610 — Cannabis production establishments and medical cannabis pharmacies.

(1) As used in this section:
(1)(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.
(1)(b) "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102.
(1)(c) "Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102.
(1)(d) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201.
(2) (2)(a) (2)(a)(i) A county may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:
(2)(a)(i)(A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and
(2)(a)(i)(B) this chapter.
(2)(a)(ii) A county may not regulate an industrial hemp producer licensee in conflict with:
(2)(a)(ii)(A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
(2)(a)(ii)(B) this chapter.
(2)(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.
(3) (3)(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:
(3)(a)(i) regarding a cannabis production establishment, Section 4-41a-406; or
(3)(a)(ii) regarding a medical cannabis pharmacy, Section 4-41a-1105.
(3)(b) A county shall take the action described in Subsection (3)(a):
(3)(b)(i) before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and
(3)(b)(ii) after January 1, 2021, in accordance with Subsection 17-79-805(2).

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1