Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 343 (2025GS)

Sponsor

Rep. Cutler, Paul A.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires cannabis production establishments to include in their operating plan methods to reduce odor;
• creates requirements regarding tenancy and certain cannabis production establishments;
• requires the Department of Agriculture and Food to create recommendations for odor control; and
• amends provisions related to land use for medical cannabis production establishments.

Every vote on this bill

Bill text

9
4-41a-204
4-41a-204.1
4-41a-406
26B-1-310
4-41a-204
4-41a-204.1
4-41a-406
26B-1-310
0
Cannabis Production Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to medical cannabis production.
Highlighted Provisions:
This bill:
requires cannabis production establishments to include in their operating plan methods to 
reduce odor;
requires the Department of Agriculture and Food to create recommendations for odor 
control; and
amends provisions related to land use for medical cannabis production establishments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-41a-204
, as last amended by Laws of Utah 2023, Chapter 327
4-41a-406
, as last amended by Laws of Utah 2024, Chapter 238
26B-1-310
, as last amended by Laws of Utah 2023, Chapters 273, 281 and renumbered 
and amended by Laws of Utah 2023, Chapter 305 and last amended by Coordination Clause, 
Laws of Utah 2023, Chapter 305
ENACTS:
4-41a-204.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-41a-204
 is amended to read:
4-41a-204
. Operating plan.
(1)
A person applying for a cannabis production establishment license or license renewal 
shall submit to the department for the department's review a proposed operating plan 
that complies with this section and that includes:
(a)
a description of the physical characteristics of the proposed facility or, for a cannabis 
cultivation facility, no more than two facility locations, including a floor plan and an 
architectural elevation;
(b)
a description of the credentials and experience of:
(i)
each officer, director, and owner of the proposed cannabis production 
establishment; and
(ii)
any highly skilled or experienced prospective employee;
(c)
the cannabis production establishment's employee training standards;
(d)
a security plan;
(e)
a description of the cannabis production establishment's inventory control system, 
including a description of how the inventory control system is compatible with the 
state electronic verification system described in Section 
26B-4-202
;
(f)
storage protocols, both short- and long-term, to ensure that cannabis is stored in a 
manner that is sanitary and preserves the integrity of the cannabis;
(g)
for a cannabis cultivation facility, the information described in Subsection 
(2)
;
(h)
for a cannabis processing facility, the information described in Subsection 
(3)
; 
and
(i)
for an independent cannabis testing laboratory, the information described in 
Subsection 
(4)
.
; and
(j)
for a cannabis production establishment located in an industrial zone, a plan to reduce 
odor created by the cannabis production establishment that:
(i)
meets local ordinance nuisance laws; and
(ii)
identifies:
(A)
operations and materials that generate odors; and
(B)
equipment, operations, or materials the cannabis production establishment will 
use to mitigate odor emissions, including plans to maintain equipment.
(2)
(a)
A cannabis cultivation facility shall ensure that the facility's operating plan 
includes the facility's intended:
(i)
cannabis cultivation practices, including the facility's intended pesticide use and 
fertilizer use; and
(ii)
subject to Subsection 
(2)(b)
, acreage or square footage under cultivation and 
anticipated cannabis yield.
(b)
Except as provided in Subsection 
(2)(c)(i)
 or 
(c)(ii)
, a cannabis cultivation facility 
may not:
(i)
for a facility that cultivates cannabis only indoors, use more than 100,000 total 
square feet of cultivation space;
(ii)
for a facility that cultivates cannabis only outdoors, use more than four acres for 
cultivation; and
(iii)
for a facility that cultivates cannabis through a combination of indoor and 
outdoor cultivation, use more combined indoor square footage and outdoor 
acreage than allowed under the department's formula described in Subsection 
(2)(e)
.
(c)
(i)
Each licensee may apply to the department for:
(A)
a one-time, permanent increase of up to 20% of the limitation on the cannabis 
cultivation facility's cultivation space; or
(B)
a short-term increase, not to exceed 12 months, of up to 40% of the limitation 
on the cannabis cultivation facility's cultivation space.
(ii)
After conducting a review equivalent to the review described in Subsection 
4-41a-205(2)(a)
, if the department determines that additional cultivation is 
needed, the department may:
(A)
grant the one-time, permanent increase described in Subsection 
(2)(c)(i)(A)
; or
(B)
grant the short-term increase described in Subsection 
(2)(c)(i)(B)
.
(d)
If a licensee describes an intended acreage or square footage under cultivation under 
Subsection 
(2)(a)(ii)
 that is less than the limitation described in Subsection 
(2)(b)
, the 
licensee may not cultivate more than the licensee's identified intended acreage or 
square footage under cultivation.
(e)
The department shall, in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, establish a formula for combined usage of indoor and outdoor 
cultivation that:
(i)
does not exceed, in estimated cultivation yield, the aggregate limitations described 
in Subsection 
(2)(b)(i)
 or 
(ii)
; and
(ii)
allows a cannabis cultivation facility to operate both indoors and outdoors.
(f)
(i)
The department may authorize a cannabis cultivation facility to operate at no 
more than two separate locations.
(ii)
If the department authorizes multiple locations under Subsection 
(2)(f)(i)
, the two 
cannabis cultivation facility locations combined may not exceed the cultivation 
limitations described in this Subsection 
(2)
.
(3)
A cannabis processing facility's operating plan shall include the facility's intended 
cannabis processing practices, including the cannabis processing facility's intended:
(a)
offered variety of cannabis product;
(b)
cannabinoid extraction method;
(c)
cannabinoid extraction equipment;
(d)
processing equipment;
(e)
processing techniques; and
(f)
sanitation and manufacturing safety procedures for items for human consumption.
(4)
An independent cannabis testing laboratory's operating plan shall include the 
laboratory's intended:
(a)
cannabis and cannabis product testing capability;
(b)
cannabis and cannabis product testing equipment; and
(c)
testing methods, standards, practices, and procedures for testing cannabis and 
cannabis products.
(5)
Notwithstanding an applicant's proposed operating plan, a cannabis production 
establishment is subject to land use regulations, as defined in Sections 
10-9a-103
 and 
17-27a-103
, regarding the availability of outdoor cultivation in an industrial zone.
Section 2, Section 
4-41a-204.1
 is enacted to read:
4-41a-204.1
. Odor control recommendations.
(1)
As used in this section, "objectionable odor" means pollution of the ambient air beyond 
the property line of a facility consisting of an odor that, considering the odor's 
characteristics, intensity, frequency, and duration:
(a)
is, or can reasonably be expected to be, injurious to public health or welfare; or
(b)
unreasonably interferes with the enjoyment of life or the use of a person's property 
that is exposed to the odor.
(2)
(a)
Before January 1, 2026, the department shall provide a report with 
recommendations to the Medical Cannabis Governance Structure Working Group 
created in Section 
36-12-8.2
 regarding objectionable odor control standards for 
cannabis production establishments.
(b)
The department shall:
(i)
 work with a cannabis production establishment to monitor odor emitted by the 
cannabis production establishment; and
(ii)
consult with each county and municipality that currently has a cannabis 
production establishment sited within the county or municipality's boundaries 
regarding potential standards for the maximum amounts of objectionable odors 
emitted by a cannabis production establishment.
(c)
A cannabis production establishment shall provide information related to the 
cannabis production establishment's odor emissions to the department upon request.
(d)
The report shall include an analysis regarding:
(i)
potential standards for measurement of objectionable odors related to cannabis 
production and distinct levels of odor tolerability;
(ii)
the feasibility of setting a universal odor control standard;
(iii)
the feasibility of enforcing odor control standards;
(iv)
cost incurred by a cannabis production establishment to comply with potential 
odor control standards;
(v)
interests of other businesses and community members affected by objectionable 
odor; and
(vi)
other information the department deems relevant.
(3)
The department shall examine odor control regulation from other locales.
(4)
The department may collaborate with other state agencies when creating the 
recommendations.
Section 3, Section 
4-41a-406
 is amended to read:
4-41a-406
. Local control.
(1)
As used in this section:
(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.
(b)
"Land use application" means the same as that term is defined in Sections 
10-9a-103
and 
17-27a-103
.
(b)
(c)
"Land use decision" means the same as that term is defined in Sections 
10-9a-103
 and 
17-27a-103
.
(c)
(d)
"Land use permit" means the same as that term is defined in Sections 
10-9a-103
and 
17-27a-103
.
(d)
(e)
"Land use regulation" means the same as that term is defined in Sections 
10-9a-103
 and 
17-27a-103
.
(2)
(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.
(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.
(c)
The operation of a cannabis production establishment shall be a permitted use on 
land that the municipality or county has not zoned.
(3)
A municipality or county may not:
(a)
on the sole basis that the applicant, or cannabis production establishment violates 
federal law regarding the legal status of cannabis, deny or revoke:
(i)
a land use permit to operate a cannabis production facility; or
(ii)
a business license to operate a cannabis production facility;
 or
(b)
require a certain distance between a cannabis production establishment and:
(i)
another cannabis production establishment;
(ii)
a medical cannabis pharmacy;
(iii)
a retail tobacco specialty business, as that term is defined in Section 
26B-7-501
; 
or
(iv)
an outlet, as that term is defined in Section 
32B-1-202
; or
.
(c)
in accordance with Subsections 
10-9a-509
(1) and 
17-27a-508
(1), enforce a land use 
regulation against a cannabis production establishment that was not in effect on the 
day on which the cannabis production establishment submitted a complete land use 
application.
(4)
(a)
Subject to the provisions of this section, when evaluating and approving a land 
use application for a cannabis production establishment:
(i)
a municipality shall comply with Section 
10-9a-509
; and
(ii)
a county shall comply with Section 
17-27a-508
.
(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:
(a)
(i)
Title 10, Chapter 9a, Municipal Land Use, Development, and Management 
Act
, including Section 
10-9a-528
; and
(b)
(ii)
Title 17, Chapter 27a, County Land Use, Development, and Management Act
, including Section 
17-27a-525
.
Section 4, Section 
26B-1-310
 is amended to read:
26B-1-310
. Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality 
-- Uniform fee.
(1)
There is created an enterprise fund known as the "Qualified Patient Enterprise Fund."
(2)
The fund created in this section is funded from:
(a)
money the department deposits into the fund under 
Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis
;
(b)
appropriations the Legislature makes to the fund; and
(c)
the interest described in Subsection 
(3)
.
(3)
Interest earned on the fund shall be deposited into the fund.
(4)
Money deposited into the fund may only be used by:
(a)
the department to accomplish the department's responsibilities described in 
Chapter 
4, Part 2, Cannabinoid Research and Medical Cannabis
; 
and
(b)
the Center for Medical Cannabis Research created in Section 
53B-17-1402
 to 
accomplish the Center for Medical Cannabis Research's responsibilities
.
; and
(c)
the Department of Agriculture and Food for the one time purchase of equipment to 
meet the requirements described in Section 
4-41a-204.1
.
(5)
The department shall set fees authorized under 
Chapter 4, Part 2, Cannabinoid Research 
and Medical Cannabis
,
 in amounts that the department anticipates are necessary, in total, 
to cover the department's cost to implement 
Chapter 4, Part 2, Cannabinoid Research 
and Medical Cannabis
.
(6)
The department may impose a uniform fee on each medical cannabis transaction in a 
medical cannabis pharmacy in an amount that, subject to Subsection 
(5)
, the department 
sets in accordance with Section 
63J-1-504
.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 2:55 PM