Utah § 41a-205 - Number of licenses -- Cannabis cultivation facilities.
Full text of Utah Utah Code § 41a-205 — Number of licenses -- Cannabis cultivation facilities., with citation guidance and answers to common questions.
§ 41a-205. Number of licenses -- Cannabis cultivation facilities.
Effective 5/7/2025 4-41a-205.
Number of licenses -- Cannabis cultivation facilities.
(1)
Except as provided in Subsection (2)(a), the department shall issue at least five but not more than eight licenses to operate a cannabis cultivation facility.
(2)
(a)
The department may issue a number of licenses to operate a cannabis cultivation facility that, in addition to the licenses described in Subsection (1), does not cause the total number of licenses to exceed 15 if the department determines, in consultation with the Department of Health and Human Services and after an annual or more frequent analysis of the current and anticipated market for medical cannabis, that each additional license is necessary to provide an adequate supply, quality, or variety of medical cannabis to medical cannabis cardholders.
(b)
If the recipient of one of the initial licenses described in Subsection (1) ceases operations for any reason or otherwise abandons the license, the department may but is not required to grant the vacant license to another applicant based on an analysis as described in Subsection (2)(a).
(3)
If there are more qualified applicants than the number of available licenses for cannabis cultivation facilities under Subsections (1) and (2), the department shall evaluate the applicants and award the limited number of licenses described in Subsections (1) and (2) to the applicants that best demonstrate:
(a)
experience with establishing and successfully operating a business that involves:
(i)
complying with a regulatory environment;
(ii)
tracking inventory; and
(iii)
training, evaluating, and monitoring employees;
(b)
an operating plan that will best ensure the safety and security of patrons and the community;
(c)
positive connections to the local community; and
(d)
the extent to which the applicant can increase efficiency and reduce the cost to patients of medical cannabis.
(4)
The department may conduct a face-to-face interview with an applicant for a license that the department evaluates under Subsection (3).
(5)
The licensing board may not issue more than 18 tier one cannabis processing facility licenses.
Section 41a-205 ("Number of licenses -- Cannabis cultivation facilities.") 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-205?
A common citation format is "Utah Code § 41a-205" (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-205 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.
