This chapter is intended to implement, within the city, the land use and other regulations provided in the Utah Medical Cannabis Act, Utah Code Ann. 26-61a-101, et seq.; Cannabis Production Establishments, Utah Code Ann. 4-41a-101 et seq.; and any other applicable state law relative to medical cannabis pharmacies and cannabis production establishments. State law will govern to the extent of any conflict between this chapter and state law.

Unless the context requires otherwise or another definition is provided in state law, the following definitions shall be used in the interpretation and construction of this title. Words used in this title but not defined herein shall have the meanings defined in any other provision of the West Bountiful Municipal Code.

"Cannabis," also known as marijuana, means all species of the genus cannabis and all parts of the genus, whether growing or not, including seeds; resin extracted from any part of the plant, including the resin extracted from mature stalks; every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin; and any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active. Cannabis does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from them), fiber, oil or cake; or the sterilized seed of the plant which is incapable of germination.

"Cannabis cultivation facility" means a person that:

1. Possesses cannabis;
2. Grows or intends to grow cannabis; and
3. Sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee.

"Cannabis processing facility" means a person that:

1. Acquires or intends to acquire cannabis from a cannabis production establishment or a holder of an industrial hemp processor license under the Hemp and Cannabinoid Act, Utah Code Ann. 4-41-101, et seq.; and;
2. Possesses cannabis with the intent to manufacture a cannabis product;
3. Manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
4. Sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee.

"Cannabis product" means a product that is intended for human use; and contains cannabis or tetrahydrocannabinol.

"Cannabis production establishment" means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory.

"Community Location" means a public or private school, a licensed-child care facility or preschool, a church, a public library, a public playground, or a public park.

"Independent cannabis testing laboratory" means a person that conducts a chemical or other analysis of cannabis or a cannabis product; or acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product.

"Medical cannabis" means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form.

"Medical cannabis pharmacy" means a person that:

1. Acquires or intends to acquire:
   
   1. cannabis in a medicinal dosage form or cannabis product in a medicinal dosage from from a cannabis processing facility; or
   2. a medical cannabis device; or
2. Possesses cannabis in a medicinal dosage from, a cannabis product in a medicinal dosage form, or a medical cannabis device; and
3. Sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device to a medical cannabis cardholder.
   

"Medical cannabis research licensee" means a research university that the Utah Department of Agriculture and Food licenses to obtain and possess medical cannabis for academic research, in accordance with Utah Code Ann. 4-41a-901.

"Primarily Residential" zone, for purposes of this chapter and any applicable state law in determining the location of any medical cannabis pharmacy or medical cannabis production establishment, means residential zoning districts A-1, R-1-22, and R-1-10, and all other residential zoning districts, including overlay zones, where the majority of the buildings in the zone are used, in whole or in part, for dwelling units.

The following standards apply to all medical cannabis pharmacies:

1. Generally.
   1.  Medical cannabis pharmacies shall comply with all state law requirements, including those related to security, access, licensing, advertising, and operations.
   2. A medical cannabis pharmacy shall comply with the land use regulations for the zoning district in which it is located.
   3. Medical cannabis pharmacies shall not be located in or within 600 feet of a district that is zoned primarily residential or within 200 feet of a community location measured from the nearest entrance to the cannabis production establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone.
   4. An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application processes described in the Utah Municipal Land Use, Development, and Management Act, as amended, and the West Bountiful Municipal Code.
   5. Each medical cannabis pharmacy shall obtain a city business license before conducting business within the city and shall be subject to all business license requirements, including any requirements that are specific to medical cannabis pharmacies.
      
2. Hours of Operation. Unless state law specifies other maximum hours of operation, hours of operation for medical cannabis pharmacies shall commence no earlier than 7:00 a.m. and end by 10:00 p.m.
3. Advertising. A medical cannabis pharmacy may not advertise in any medium, except as provided in this section.
   1. A medical cannabis pharmacy may use signage on the outside of the medical cannabis pharmacy that includes only:
      1. the medical cannabis pharmacy’s name and hours of operation; and
      2. a green cross; and
      3. complies with city signage regulations.
   2. A medical cannabis pharmacy may maintain a website that includes information about:
      1. the location and hours of operation of the medical cannabis pharmacy;
      2. a product or service available at the medical cannabis pharmacy;
      3. personnel affiliated with the medical cannabis pharmacy;
      4. best practices that the medical cannabis pharmacy upholds; and
      5. educational material related to the medical use of cannabis.
         
4. Appearance.
   1. The exterior facade of a medical cannabis pharmacy shall maintain the natural color and appearance of the building in a manner that avoids drawing special attention to the building.
   2. No cannabis products shall be promoted or visible from outside a medical cannabis pharmacy.

The following standards apply to all cannabis production establishments:

1. Generally.
   1. Cannabis production establishments shall comply with all state law requirements, including those related to security, access, licensing, advertising, and operations.
   2. A cannabis production establishment shall comply with the land use regulations for the zoning district in which it is located.
   3. Cannabis production establishments shall not be located in or within 600 feet of a district that is zoned as primarily residential or within 1,000 feet of a community location measured from the nearest entrance to the cannabis production establishment following the shortest ordinary route of pedestrian travel to the boundary of the community location or residential zone.
   4. Cannabis production establishments shall be designed to filter inside air exchanges to the outside through air filter systems to prevent the emission of dust, fumes, vapors, odors or waste into the environment.
   5. An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application processes described in the Utah Municipal Land Use, Development, and Management Act, as amended, and the West Bountiful Municipal Code.
   6. Each cannabis production establishment shall obtain a city business license before conducting business within the city and shall be subject to all business license requirements, including any requirements that are specific to cannabis production establishments.
2. Advertising. A cannabis production establishment may not advertise to the general public in any medium, except as provided in this section.
   1. A cannabis production establishment may advertise an employment opportunity at the cannabis production establishment.
   2. A cannabis cannabis production establishment may maintain a website that:
      1. contains information about the establishment and employees; and
      2. does not advertise any medical cannabis, cannabis products, or medical cannabis devices.
   3. A cannabis production establishment may use signage on the outside of the medical cannabis pharmacy that:
      1. includes only the cannabis production establishment’s name and hours of operation, and a green cross.
      2. does not exceed four feet by five feet in size; and
      3. complies with city signage regulations.
3. Appearance.
   1. If a cannabis production establishment is located in an enclosed building, the exterior facade of the cannabis production establishment shall maintain the natural color and appearance of the building in a manner that avoids drawing special attention to the building.
   2. No cannabis products shall be promoted or visible from outside a cannabis production establishment.