Full text of Utah Utah Code § 41a-1105 — Local control., with citation guidance and answers to common questions.
§ 41a-1105. Local control.
Effective 11/6/2025 4-41a-1105.
Local control.
(1)
The operation of a medical cannabis pharmacy:
(a)
shall be a permitted use:
(i)
in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
(ii)
on land that the municipality or county has not zoned; and
(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)
A municipality or county may not:
(a)
on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
(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
(ii)
a business license to operate a medical cannabis pharmacy;
(b)
require a certain distance between a medical cannabis pharmacy and:
(i)
another medical cannabis pharmacy;
(ii)
a cannabis production establishment;
(iii)
a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
(iv)
an outlet, as that term is defined in Section 32B-1-202; or
(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)
(a)
A municipality or county may enact an ordinance that:
(i)
is not in conflict with this chapter; and
(ii)
governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(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)
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:
(a)
Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; and
(b)
Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.
Section 41a-1105 ("Local control.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 41a-1105?
A common citation format is "Utah Code § 41a-1105" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 41a-1105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
