1. (1) The operation of a medical cannabis pharmacy:

   1. (a) shall be a permitted use:

      1. (i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
      2. (ii) on land that the municipality or county has not zoned; and
   2. (b) is subject to the land use regulations, as defined in Sections 10-20-102 and 17-79-102, that apply in the underlying zone.

2. (2) A municipality or county may not:

   1. (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:

      1. (i) a land use permit, as that term is defined in Sections 10-20-102 and 17-79-102, to operate a medical cannabis pharmacy; or
      2. (ii) a business license to operate a medical cannabis pharmacy;

   2. (b) require a certain distance between a medical cannabis pharmacy and:

      1. (i) another medical cannabis pharmacy;
      2. (ii) a cannabis production establishment;
      3. (iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
      4. (iv) an outlet, as that term is defined in Section 32B-1-202; or
   3. (c) in accordance with Sections 10-20-902 and 17-79-803, 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. (3)

   1. (a) A municipality or county may enact an ordinance that:

      1. (i) is not in conflict with this chapter; and
      2. (ii) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
   2. (b) An ordinance that a municipality or county enacts under Subsection (3)(a) may not restrict the hours of operation from 7 a.m. to 10 p.m.

4. (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:

   1. (a) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; and
   2. (b) Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.

Amended by Chapter 15, 2025 Special Session 1