1. (1) As used in this section:

   1. (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.
   2. (b) "Closed-door medical cannabis pharmacy" means the same as that term is defined in Section 4-41a-102.
   3. (c) "Industrial hemp producer licensee" means the same as the term "medical cannabis research licensee" is defined in Section 4-41-102.
   4. (d) "Medical cannabis pharmacy" means the same as that term is defined in Section 26B-4-201.

2. (2)

   1. (a)

      1. (i) A county may not regulate a cannabis production establishment or a medical cannabis pharmacy in conflict with:

         1. (A) Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, and applicable jurisprudence; and
         2. (B) this chapter.

      2. (ii) A county may not regulate an industrial hemp producer licensee in conflict with:

         1. (A) Title 4, Chapter 41, Hemp and Cannabinoid Act, and applicable jurisprudence; and
         2. (B) this chapter.
   2. (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. (3)

   1. (a) Within the time period described in Subsection (3)(b), a county shall prepare and adopt a land use regulation, development agreement, or land use decision in accordance with this title and:

      1. (i) regarding a cannabis production establishment, Section 4-41a-406; or
      2. (ii) regarding a medical cannabis pharmacy, Section 4-41a-1105.

   2. (b) A county shall take the action described in Subsection (3)(a):

      1. (i) before January 1, 2021, within 45 days after the day on which the county receives a petition for the action; and
      2. (ii) after January 1, 2021, in accordance with Subsection 17-79-805(2).

Renumbered and Amended by Chapter 14, 2025 Special Session 1