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Section 528 - Cannabis production establishments and medical cannabis pharmacies.

UT Code § 10-9a-528 (2019) (N/A)
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(1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102. (b) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.

(a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102.

(b) "Medical cannabis pharmacy" means the same as that term is defined in Section 26-61a-102.

(2) (a) (i) A municipality may not regulate a cannabis production establishment in conflict with: (A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and (B) this chapter. (ii) A municipality may not regulate a medical cannabis pharmacy in conflict with: (A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and (B) this chapter. (b) The Department of Agriculture and Food has plenary authority to license programs or entities that operate a cannabis production establishment. (c) The Department of Health has plenary authority to license programs or entities that operate a medical cannabis pharmacy.

(a) (i) A municipality may not regulate a cannabis production establishment in conflict with: (A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and (B) this chapter. (ii) A municipality may not regulate a medical cannabis pharmacy in conflict with: (A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and (B) this chapter.

(i) A municipality may not regulate a cannabis production establishment in conflict with: (A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and (B) this chapter.

(A)Title 4, Chapter 41a, Cannabis Production Establishments, and applicable jurisprudence; and

(B) this chapter.

(ii) A municipality may not regulate a medical cannabis pharmacy in conflict with: (A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and (B) this chapter.

(A)Title 26, Chapter 61a, Utah Medical Cannabis Act, and applicable jurisprudence; and

(B) this chapter.

(b) The Department of Agriculture and Food has plenary authority to license programs or entities that operate a cannabis production establishment.

(c) The Department of Health has plenary authority to license programs or entities that operate 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 26-61a-507. (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).

(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 26-61a-507.

(i) regarding a cannabis production establishment, Section 4-41a-406; or

(ii) regarding a medical cannabis pharmacy, Section 26-61a-507.

(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).

(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).

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