City Initiated Medical Cannabis Text Amendment

Background 

During the 2019 General Session of the Utah State Legislature, the Utah Medical Cannabis Act (the “Act”) was adopted. The Utah Legislature subsequently amended the Act during a special session held in September 2019 and signed by Governor Herbert on September 23, 2019.  Medical Cannabis Amendments

As the Act pertains to Draper City, it provides requirements and guidance to local cities over the zoning for medical cannabis cultivation, processing, and pharmacies.  

The state has mandated that cities adopt regulations to incorporate the new laws concerning medical cannabis into local zoning ordinances by January 2021.

Public Hearing

A Public Hearing is scheduled at the Planning Commission meeting on Thursday, December 19, at 6:30 p.m., to discuss and receive comments from the public about a City Initiated Medical Cannabis Text Amendment to various sections of Title 9 in the Draper City Municipal Code. These amendments are being proposed in order to comply with state law related to the regulation of medical cannabis most recently amended by the Utah State Legislature in the September 2019, First Special Session (SB 1002).

For additional information on this item, read the Memo and scroll down the page to view the Staff Report.

Here is the link to the Agenda Center to view the Planning Commission agenda for Thursday, December 19.

The Planning Commission can recommend approval, propose changes, or recommend denial of the Amendment.   This item will be scheduled as a Public Hearing at an upcoming City Council meeting in January 2020.

Cannabis Production Establishments

Cannabis production establishments include cultivation, processing, and testing facilities.  If the city fails to amend its code before an application is received, the Amended Bill requires production establishments to be a permitted use in industrial and agricultural zones within the city.  The city may, however, restrict production facilities to one industrial zone and one agricultural zone.  The city can also restrict outdoor cultivation in industrial zones.  In Draper, we only have two industrial zones: M1 and M2, and two Agricultural Zones: A2 and A5.   The state will issue at least five, but not more than eight licenses to operate a cannabis cultivation facility.

Proximity Requirements.  The state imposes proximity requirements to community locations (such as libraries, parks, churches, schools, etc.) and residential zones, similar to alcohol licenses. The State Code mandates that cannabis production facilities are allowed in industrial zones with a distance requirement of 1,000 feet from a community location and 600 feet from a residential zone.  The distance requirement is measured from the front door of the facility, following the shortest route or ordinary pedestrian travel to the property boundary of the community location or residential zone.

The city may not impose spacing requirements between a production establishment and another production establishment, a medical cannabis pharmacy, a retail tobacco specialty shop, or an alcohol outlet.

Medical Cannabis Pharmacies  

Medical Cannabis Pharmacies are a permitted use in all zones with the exception of residential zones.  The Utah State Code outlines proximity requirements to “community locations” and residential zones.   The city can impose requirements on the time, place, and manner of Medical Cannabis Pharmacies.

The Utah State Code mandates that there can be a total of 14  medical cannabis pharmacy licenses in the entire state.  The state will be divided into four geographic regions, and at least one license will be issued in each geographic region.  

Proximity Requirements.  The state imposes proximity requirements to community locations (such as libraries, parks, churches, schools, etc.) and residential zones, similar to alcohol licenses.  The Utah State Code mandates that all medical cannabis pharmacies are allowed in any non-residential zone with a distance requirement of 200 feet from a community location and 600 feet from a residential zone.  The distance requirement is measured from the front door of the facility, following the shortest route or ordinary pedestrian travel to the property boundary of the community location or residential zone.

Signage

Both Cannabis Production Establishments and Medical Cannabis Pharmacies are allowed a sign that includes the company’s name, hours of operation, a green cross, and does not exceed 4’x5’.  The signs will have to comply will all other sign requirements.

Summary of the Proposed Amendment

•   Amend the land use tables of the industrial zones to include Cannabis Production Establishments as a permitted use in the M1 and M2 zones.

•    Amend the land use tables of the agricultural zones to include Cannabis Production Establishments as a permitted use in the A2 and A5 zones.

•    Amend the land use tables of all zones, except residential, to include Medical Cannabis Pharmacy as a permitted use.

•    Add a new chapter, to require a business license for Cannabis Production Establishments and Medical Cannabis Pharmacies as long as they meet the respective proximity requirements and address the sign requirements mandated by the state law.