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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-614, 2019

Municipalities may not regulate covered cannabis or hemp entities in conflict with listed state law; the Department of Agriculture and Food has authority to license certain cannabis operators.

Source excerpt

cannabis licensingcannabis productioncannabis production establishmentsdevelopment agreementhempindustrial hempindustrial hemp producer licensesland use decisionland use regulationlicensinglocal regulationlocal regulatory compliancemedical cannabismedical cannabis pharmaciesmedical cannabis pharmacymunicipal regulationregulatory compliancestatutory cross-referencezoning
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2019
Dates
Enacted 2019
More statute details
Dates
Enacted 2019
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01

Purpose and legislative effect

“Municipalities may not regulate covered cannabis or hemp entities in conflict with listed state law; the Department of Agriculture and Food has authority to license certain cannabis operators.”

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02

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Subsection 10-20-614(1)(d)

"Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201 .

Section 10-20-614(1)(d)

Subsection 10-20-614(2)(a)(ii)

A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter.

Section 10-20-614(2)(a)(ii)

Subsection 10-20-614(3)(a)

A municipality must, within the time period in Subsection (3)(b), prepare and adopt the specified land use action under this title, with the applicable section depending on whether it concerns a cannabis production establishment or a medical cannabis pharmacy.

Section 10-20-614(3)(a)

04

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 2019

In force

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Showing 22 of 22 provisions

Provision 22

Part 10-20-6

part 10-20-6 Land Use Regulations - Particular Situations

§ 10-20-614Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee.Provision

Source excerpt

Municipalities may not regulate covered cannabis or hemp entities in conflict with listed state law; the Department of Agriculture and Food has authority to license certain cannabis operators.

Cannabis production establishments, medical cannabis pharmacies, and industrial hemp producer licensee. As used in this section: "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102 . "Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102 . "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201 . A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and this chapter. A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter. 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. 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: regarding a cannabis production establishment, Section 4-41a-406 ; or regarding a medical cannabis pharmacy, Section 4-41a-1105 . A municipality shall take the action described in Subsection (3)(a) : before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and after January 1, 2021, in accordance with Section 10-20-905 .
Section 10-20-614Verify source
§ 10-20-614(1)Subsection 10-20-614(1)Provision

Source excerpt

This subsection defines several cannabis-related terms for use in the section.

As used in this section: "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102 . "Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102 . "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201 .
Section 10-20-614(1)Verify source
§ 10-20-614(1)(a)Subsection 10-20-614(1)(a)Provision

Source excerpt

This subsection defines “cannabis production establishment” as the same term used in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.

"Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy.
Section 10-20-614(1)(a)Verify source
§ 10-20-614(1)(b)Subsection 10-20-614(1)(b)Provision

Source excerpt

This subsection defines “Closed-door medical cannabis pharmacy” by reference to Section 4-41a-102.

"Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102 .
Section 10-20-614(1)(b)Verify source
§ 10-20-614(1)(c)Subsection 10-20-614(1)(c)Provision

Source excerpt

"Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102 .

"Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102 .
Section 10-20-614(1)(c)Verify source
§ 10-20-614(1)(d)Subsection 10-20-614(1)(d)Provision

Source excerpt

"Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201 .

"Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201 .
Section 10-20-614(1)(d)Verify source
§ 10-20-614(2)Subsection 10-20-614(2)Provision

Source excerpt

A municipality may not regulate certain cannabis or hemp-related businesses in conflict with the listed state law provisions, and the Department of Agriculture and Food has plenary authority to license specified cannabis-related programs or entities.

A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and this chapter. A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter. 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.
Section 10-20-614(2)Verify source
§ 10-20-614(2)(a)Subsection 10-20-614(2)(a)Provision

Source excerpt

A municipality may not regulate certain cannabis and hemp businesses in conflict with the cited state law and jurisprudence.

A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and this chapter. A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter.
Section 10-20-614(2)(a)Verify source
§ 10-20-614(2)(a)(i)Subsection 10-20-614(2)(a)(i)Provision

Source excerpt

A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in a way that conflicts with the cited Title 4, Chapter 41a provisions, applicable jurisprudence, or this chapter.

A municipality may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with: Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and this chapter.
Section 10-20-614(2)(a)(i)Verify source
§ 10-20-614(2)(a)(i)(A)Subsection 10-20-614(2)(a)(i)(A)Provision

Source excerpt

Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and

Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and
Section 10-20-614(2)(a)(i)(A)Verify source
§ 10-20-614(2)(a)(i)(B)Subsection 10-20-614(2)(a)(i)(B)Provision

Source excerpt

this chapter.

this chapter.
Section 10-20-614(2)(a)(i)(B)Verify source
§ 10-20-614(2)(a)(ii)Subsection 10-20-614(2)(a)(ii)Provision

Source excerpt

A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter.

A municipality may not regulate an industrial hemp producer licensee in conflict with: Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and this chapter.
Section 10-20-614(2)(a)(ii)Verify source
§ 10-20-614(2)(a)(ii)(A)Subsection 10-20-614(2)(a)(ii)(A)Provision

Source excerpt

This text cross-references Title 4, Chapter 41, the Hemp and Cannabinoid Act, and applicable jurisprudence.

Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
Section 10-20-614(2)(a)(ii)(A)Verify source
§ 10-20-614(2)(a)(ii)(B)Subsection 10-20-614(2)(a)(ii)(B)Provision

Source excerpt

this chapter.

this chapter.
Section 10-20-614(2)(a)(ii)(B)Verify source
§ 10-20-614(2)(b)Subsection 10-20-614(2)(b)Provision

Source excerpt

The Department of Agriculture and Food has authority to license programs or entities operating a cannabis production establishment or a medical cannabis pharmacy.

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.
Section 10-20-614(2)(b)Verify source
§ 10-20-614(3)Subsection 10-20-614(3)Provision

Source excerpt

A municipality must prepare and adopt certain land use actions within the stated time period, and before January 1, 2021, it had to act within 45 days after receiving a petition.

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: regarding a cannabis production establishment, Section 4-41a-406 ; or regarding a medical cannabis pharmacy, Section 4-41a-1105 . A municipality shall take the action described in Subsection (3)(a) : before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and after January 1, 2021, in accordance with Section 10-20-905 .
Section 10-20-614(3)Verify source
§ 10-20-614(3)(a)Subsection 10-20-614(3)(a)Provision

Source excerpt

A municipality must, within the time period in Subsection (3)(b), prepare and adopt the specified land use action under this title, with the applicable section depending on whether it concerns a cannabis production establishment or a medical cannabis pharmacy.

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: regarding a cannabis production establishment, Section 4-41a-406 ; or regarding a medical cannabis pharmacy, Section 4-41a-1105 .
Section 10-20-614(3)(a)Verify source
§ 10-20-614(3)(a)(i)Subsection 10-20-614(3)(a)(i)Provision

Source excerpt

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

regarding a cannabis production establishment, Section 4-41a-406 ; or
Section 10-20-614(3)(a)(i)Verify source
§ 10-20-614(3)(a)(ii)Subsection 10-20-614(3)(a)(ii)Provision

Source excerpt

regarding a medical cannabis pharmacy, Section 4-41a-1105 .

regarding a medical cannabis pharmacy, Section 4-41a-1105 .
Section 10-20-614(3)(a)(ii)Verify source
§ 10-20-614(3)(b)Subsection 10-20-614(3)(b)Provision

Source excerpt

A municipality must take the action described in Subsection (3)(a), with a 45-day petition-based timing rule before January 1, 2021, and with Section 10-20-905 governing after that date.

A municipality shall take the action described in Subsection (3)(a) : before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and after January 1, 2021, in accordance with Section 10-20-905 .
Section 10-20-614(3)(b)Verify source
§ 10-20-614(3)(b)(i)Subsection 10-20-614(3)(b)(i)Provision

Source excerpt

before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and

before January 1, 2021, within 45 days after the day on which the municipality receives a petition for the action; and
Section 10-20-614(3)(b)(i)Verify source
§ 10-20-614(3)(b)(ii)Subsection 10-20-614(3)(b)(ii)Provision

Source excerpt

Applies after January 1, 2021, in accordance with Section 10-20-905.

after January 1, 2021, in accordance with Section 10-20-905 .
Section 10-20-614(3)(b)(ii)Verify source

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