(1) The operation of a medical cannabis pharmacy: (a) shall be a permitted use: (i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and (ii) on land that the municipality or county has not zoned; and (b) is subject to the land use regulations, as defined in Sections 10-9a-103 and 17-27a-103, that apply in the underlying zone.
(a) shall be a permitted use: (i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and (ii) on land that the municipality or county has not zoned; and
(i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
(ii) on land that the municipality or county has not zoned; and
(b) is subject to the land use regulations, as defined in Sections 10-9a-103 and 17-27a-103, that apply in the underlying zone.
(2) A municipality or county may not: (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke: (i) a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to operate a medical cannabis pharmacy; or (ii) a business license to operate a medical cannabis pharmacy; (b) require a certain distance between a medical cannabis pharmacy and: (i) another medical cannabis pharmacy; (ii) a cannabis production establishment; (iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or (iv) an outlet, as that term is defined in Section 32B-1-202; or (c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), 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.
(a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke: (i) a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to operate a medical cannabis pharmacy; or (ii) a business license to operate a medical cannabis pharmacy;
(i) a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to operate a medical cannabis pharmacy; or
(ii) a business license to operate a medical cannabis pharmacy;
(b) require a certain distance between a medical cannabis pharmacy and: (i) another medical cannabis pharmacy; (ii) a cannabis production establishment; (iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or (iv) an outlet, as that term is defined in Section 32B-1-202; or
(i) another medical cannabis pharmacy;
(ii) a cannabis production establishment;
(iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or
(iv) an outlet, as that term is defined in Section 32B-1-202; or
(c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), 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) A municipality or county may enact an ordinance that: (a) is not in conflict with this chapter; and (b) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(a) is not in conflict with this chapter; and
(b) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(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: (a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and (b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
(a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
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