50-46-312. License as privilege -- criteria. (1) A provider, marijuana-infused products provider, dispensary, or testing laboratory license or an endorsement for chemical manufacturing is a privilege that the state may grant to an applicant and is not a right to which an applicant is entitled. In making a licensing decision, the department shall consider:

(a) the qualifications of the applicant; and

(b) the suitability of the proposed registered premises.

(2) The department or state laboratory, as applicable, may deny or revoke a license based on proof that the applicant made a false statement in any part of the original application or renewal application.

(3) The department or state laboratory, as applicable, may deny a license if the applicant's proposed registered premises:

(a) is situated within a zone of a city, town, or county where an activity related to the medical use of marijuana is prohibited by ordinance or resolution, a certified copy of which has been filed with the department; or

(b) will adversely affect the welfare of the people residing in or of retail businesses located in the vicinity.

(4) (a) The department or state laboratory, as applicable, may deny a license or endorsement if the applicant's proposed registered premises or testing laboratory:

(i) is not approved by local building, health, or fire officials; or

(ii) is within 500 feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school or postsecondary school other than a commercially operated school. This distance must be measured in a straight line from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's premises.

(b) The department may not approve a license for a provider, marijuana-infused products provider, or dispensary if a local government has adopted an ordinance or resolution prohibiting the operation of dispensaries or storefront businesses as allowed under 50-46-328.

(c) For the purposes of this subsection (4), "school" and "postsecondary school" have the meanings provided in 20-5-402.

History: En. Sec. 23, I.M. No. 182, approved Nov. 8, 2016; amd. Sec. 7, Ch. 408, L. 2017; amd. Sec. 5, Ch. 411, L. 2019.