Planning commission delays recommendation on zoning to allow medical marijuana growers

February 20, 2019

The Utah County Planning Commission decided Tuesday to delay a potential recommendation to amend land use ordinances to allow for cannabis production.

The delay came at the request of Robert Moore, deputy county attorney, who asked for a decision to be delayed by three months in order to see if additional legislation on medical marijuana comes before the state this legislative session and to give time for the Utah Supreme Court to review a case questioning if the Utah Medical Cannabis Act passed in a special legislative session in 2018 or if the voter-approved Proposition 2 should be current law.

“If I was a betting man, I would say the legislature would be upheld on this matter, based on other case law I’ve seen and other reasons, but that’s not for me to decide or argue,” Moore said to the commission.

The commission originally planned to potentially recommend to the Utah County Commission for the county to amend land use ordinance text to allow “cannabis production establishments” as a permitted use in certain zones consistent with the Utah Medical Cannabis Act.

“We felt to be compliant with this act that county needed to allow this designated use as specified in each of those two zones,” Bryce Armstrong, the associate director of Utah County Community Development, said to the commission. “We do have an industrial zone and we do have several agricultural zones.”

Armstrong said the recommendation also came because the county received a request for a type of cannabis-growing facility. He said the facility, which would be for industrial hemp, does not fall under the Utah Medical Cannabis Ac t.

No members of the public spoke on the potential recommendation during the public hearing on the vote.

A vote on the potential recommendation is expected to come before the Utah County Planning Commission on May 21.