Current through the 2024 Fourth Special Session
Section 10-9a-528 - Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee(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 "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.(2)(a)(i) A municipality 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(ii) A municipality 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) 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)(a) Within the time period described in Subsection (3)(b), a municipality 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 municipality shall take the action described in Subsection (3)(a): (i) before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and(ii) after January 1, 2021, in accordance with Subsection 10-9a-509.5(2).Amended by Chapter 238, 2024 General Session ,§ 5, eff. 5/1/2024.Amended by Chapter 327, 2023 General Session ,§ 104, eff. 7/1/2023, coordination clause.Amended by Chapter 273, 2023 General Session ,§ 28, eff. 7/1/2023.Amended by Chapter 327, 2023 General Session ,§ 21, eff. 5/3/2023, app. 5/3/2023.Amended by Chapter 60, 2021 General Session ,§ 2, eff. 5/5/2021.Added by Chapter 5, 2019SP1 General Session ,§ 16, eff. 9/23/2019.