(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, 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 26-61a-103; (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).

(a) a description of the physical characteristics of the proposed facility, 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;

(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 26-61a-103;

(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).

(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 (d)(ii), a cannabis cultivation facility may not: (i) for a facility that cultivates cannabis only indoors: (A) use more than 100,000 square feet for cultivation; or (B) hang, suspend, stack or otherwise position plants above other plants to cultivate more plants through use of vertical 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 annually apply to the department for authorization to exceed the cannabis cultivation facility's current cultivation size limitation by up to 20%. (ii) The department may, after conducting a review as described in Subsection 4-41a-205(2)(a), grant the authorization described in Subsection (2)(c)(i). (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): (i) the licensee may not cultivate more than the licensee's identified intended acreage or square footage under cultivation; and (ii) notwithstanding Subsection (2)(b), the department may allocate the remaining difference in acreage or square footage under cultivation to another licensee. (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) 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.

(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.

(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 (d)(ii), a cannabis cultivation facility may not: (i) for a facility that cultivates cannabis only indoors: (A) use more than 100,000 square feet for cultivation; or (B) hang, suspend, stack or otherwise position plants above other plants to cultivate more plants through use of vertical 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).

(i) for a facility that cultivates cannabis only indoors: (A) use more than 100,000 square feet for cultivation; or (B) hang, suspend, stack or otherwise position plants above other plants to cultivate more plants through use of vertical space;

(A) use more than 100,000 square feet for cultivation; or

(B) hang, suspend, stack or otherwise position plants above other plants to cultivate more plants through use of vertical 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 annually apply to the department for authorization to exceed the cannabis cultivation facility's current cultivation size limitation by up to 20%. (ii) The department may, after conducting a review as described in Subsection 4-41a-205(2)(a), grant the authorization described in Subsection (2)(c)(i).

(i) Each licensee may annually apply to the department for authorization to exceed the cannabis cultivation facility's current cultivation size limitation by up to 20%.

(ii) The department may, after conducting a review as described in Subsection 4-41a-205(2)(a), grant the authorization described in Subsection (2)(c)(i).

(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): (i) the licensee may not cultivate more than the licensee's identified intended acreage or square footage under cultivation; and (ii) notwithstanding Subsection (2)(b), the department may allocate the remaining difference in acreage or square footage under cultivation to another licensee.

(i) the licensee may not cultivate more than the licensee's identified intended acreage or square footage under cultivation; and

(ii) notwithstanding Subsection (2)(b), the department may allocate the remaining difference in acreage or square footage under cultivation to another licensee.

(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.

(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) 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.

(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.

(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.

(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.