4-41a-1105. Local control.
(1) The operation of a medical cannabis pharmacy: shall be a permitted use: in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and on land that the municipality or county has not zoned; and is subject to the land use regulations, as defined in Sectionsand, that apply in the underlying zone. 10-20-102 17-79-102
(2) A municipality or county may not: on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke: a land use permit, as that term is defined in Sectionsand, to operate a medical cannabis pharmacy; or 10-20-102 17-79-102 a business license to operate a medical cannabis pharmacy; require a certain distance between a medical cannabis pharmacy and: another medical cannabis pharmacy; a cannabis production establishment; a retail tobacco specialty business, as that term is defined in Section; or 26B-7-506 an outlet, as that term is defined in Section; or 32B-1-202 in accordance with Sectionsand, 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. 10-20-902 17-79-803
(3) A municipality or county may enact an ordinance that: is not in conflict with this chapter; and governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county. An ordinance that a municipality or county enacts under Subsectionmay not restrict the hours of operation from 7 a.m. to 10 p.m. (3)(a)
(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: Title, Municipal Land Use, Development, and Management Act, including Section; and 10, Chapter 20 10-20-614 Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section. 17-79-610