Utah § 4-41a-1105 Local control.

Utah Statutes

§ 4-41a-1105 — Local control.

Utah § 4-41a-1105

Title 4Utah Agricultural Code

Ch. 4-41aCannabis Production Establishments and Pharmacies

Part 4-41a-11Medical Cannabis Pharmacy Operation and Agents

This text of Utah § 4-41a-1105 (Local control.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 4-41a-1105 (2026).

Text

(1)The operation of a medical cannabis pharmacy:

(1)(a) shall be a permitted use:

(1)(a)(i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and

(1)(a)(ii) on land that the municipality or county has not zoned; and

(1)(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:

(2)(a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:

(2)(a)(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

(2)(a)(ii) a business license to operate a medical cannabis pharmacy;

(2)

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(1) The operation of a medical cannabis pharmacy:
(1)(a) shall be a permitted use:
(1)(a)(i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
(1)(a)(ii) on land that the municipality or county has not zoned; and
(1)(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:
(2)(a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
(2)(a)(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
(2)(a)(ii) a business license to operate a medical cannabis pharmacy;
(2)(b) require a certain distance between a medical cannabis pharmacy and:
(2)(b)(i) another medical cannabis pharmacy;
(2)(b)(ii) a cannabis production establishment;
(2)(b)(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
(2)(b)(iv) an outlet, as that term is defined in Section 32B-1-202; or
(2)(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.
(3) (3)(a) A municipality or county may enact an ordinance that:
(3)(a)(i) is not in conflict with this chapter; and
(3)(a)(ii) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(3)(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:
(4)(a) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; and
(4)(b) Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.