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) "Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
   3. (c) "Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
   4. (d) "Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102.
   5. (e) "Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102.

2. (2)

   1. (a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
   2. (b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
   3. (c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.

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

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

      1. (i) a land use permit to operate a cannabis production facility; or
      2. (ii) a business license to operate a cannabis production facility; or

   2. (b) require a certain distance between a cannabis production establishment and:

      1. (i) another cannabis production establishment;
      2. (ii) a medical cannabis pharmacy;
      3. (iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or
      4. (iv) an outlet, as that term is defined in Section 32B-1-202.

4. (4)

   1. (a) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:

      1. (i) a municipality shall comply with Section 10-20-902; and
      2. (ii) a county shall comply with Section 17-79-803.

   2. (b) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:

      1. (i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and
      2. (ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.

Amended by Chapter 15, 2025 Special Session 1