{"data":{"id":"us-ut/utah-code-4-41a-406","jurisdiction":"us-ut","citation":"Utah Code § 4-41a-406","heading":"Local control.","body":"(1) As used in this section:\n(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.\n(b) \"Land use application\" means the same as that term is defined in Sections 10-20-102 and 17-79-102.\n(c) \"Land use decision\" means the same as that term is defined in Sections 10-20-102 and 17-79-102.\n(d) \"Land use permit\" means the same as that term is defined in Sections 10-20-102 and 17-79-102.\n(e) \"Land use regulation\" means the same as that term is defined in Sections 10-20-102 and 17-79-102.\n(2)\n(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.\n(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.\n(c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.\n(3) A municipality or county may not:\n(a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:\n(i) a land use permit to operate a cannabis production facility; or\n(ii) a business license to operate a cannabis production facility; or\n(b) require a certain distance between a cannabis production establishment and:\n(i) another cannabis production establishment;\n(ii) a medical cannabis pharmacy;\n(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or\n(iv) an outlet, as that term is defined in Section 32B-1-202.\n(4)\n(a) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment:\n(i) a municipality shall comply with Section 10-20-902; and\n(ii) a county shall comply with Section 17-79-803.\n(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:\n(i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and\n(ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.","path":["Title 4 Utah Agricultural Code","Chapter 4-41a Cannabis Production Establishments and Pharmacies","Part 4-41a-4 General Cannabis Production Establishment Operating Requirements"],"source_url":"https://le.utah.gov/xcode/Title4/Chapter41a/4-41a-S406.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"6f4927f4b305a95f7ef8fca38c55c6c5df2dbc841f4a05815b545051a601bc79","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-4-41a-405","next":"us-ut/utah-code-4-41a-501"},"notice":"GroundRules: Original legal text. Not legal advice."}