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KANE COUNTY ORDINANCE NO. O 2020 - 02
AN ORDINANCE AMENDING TITLE 9 CHAPTERS 1, 5 and 10 OF THE KANE COUNTY LAND USE ORDINANCE REGARDING INDUSTRIAL HEMP AND MEDICAL CANNABIS
WHEREAS, the Kane County Board of Commissioners desires to make recommended changes to specific sections of Chapters 1, 5 & 10 of the Kane County Land Use Ordinance; and
WHEREAS, the purposes of amending these chapters are to prohibit the production of industrial hemp and clarify regulations regarding medical cannabis; and
WHEREAS, theKane County Planning Commission, after a duly noticed public hearing, recommended for approval amendments to the following Chapters: 9-1-7 Chapter 1, General Provisions and 9-5-5-J Chapter 5, Agricultural Zone; and Chapter 10, Supplementary and Qualifying Regulations; and
WHEREAS, the Kane County Board of Commissioners, in a duly noticed public meeting, received the recommended amendments for the sections listed below for Chapters 1, 5 and 10 of the Kane County Land Use Ordinance; and desires to enact the recommendations; and
WHEREAS, the legislative authority for this ordinance is granted in Utah State Code, §17-27a-205, §17-27a-301-302, §17-27a-501-503, §17-27a-505.5 and § 17-27a-601-604.5.
NOW THEREFORE, THE COUNTY LEGISLATIVE BODY OF KANE COUNTY, STATE OF UTAH, ORDAINS AS FOLLOWS:
Additions to the Ordinance are indicated with an underline, and deletions from the ordinance are indicated with a strike-through. Instructions to the codifiers are italicized and inside parenthesis.
Hemp: Cannabis, particularly the fibrous parts of the plant that are grown for the purpose of making rope, fabrics, fiberboard, or paper, or to produce legal forms of Cannabidiol CBD oil or other products containing CBD, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
Industrial Hemp: any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
Industrial Hemp License: a license issued by the State of Utah Department of Agriculture to a person for the purpose of growing, cultivating, processing, or marketing industrial hemp or an industrial hemp product.
Industrial Hemp Product: a product derived from, or made by, processing industrial hemp plants or industrial hemp parts.
Marijuana: all species of the genus cannabis and all parts of the genus, whether growing or not; the seeds of it; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term 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. 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 are also included.
Medical Cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form which medicinal dosage form is legal under the laws of the state of Utah, or any form of cannabis that is grown for the purpose of eventually manufacturing it in a medicinal dosage form which form is legal under the laws of the state of Utah.
9-5-3: USES TABLE:
Cannabis, Marijuana, Hemp (without State License)
Industrial Hemp (with State Industrial Hemp License)
Medical Cannabis (with State Medical Cannabis License)
9-10-18: Cannabis Production Establishment
A. Utah State Code 4-41a-101-4 through 4-41a-802 Cannabis Production Establishments, is adopted.
B. An applicant will operate a Cannabis Production Establishment no less than 1012.5 miles from any community location, which means a public or private school, a church, a public library, a public playground, or park.
9-10-19: Industrial Hemp
The production or manufacturing of Cannabis, Marijuana, or Hemp is not allowed in any zone without appropriate state licenses in place prior to beginning production or manufacturing.
Industrial Hemp, Medical Cannabis, and Cannabis Production Establishment are not allowed in any zone other than Agricultural.
Nothing in this title regarding the regulation of Hemp or Industrial Hemp shall be construed to further limit the otherwise legal use or operation of a Cannabis Production Establishment.
Industrial Hemp shall not be grown within 12.5 miles from any community location, which means a public or private school, a church, a public library, a public playground, or park.
End of Ordinance
This Ordinance shall be deposited in the Office of the County Clerk, and shall take effect fifteen (15) days after the date signed below as stated in Utah State Code 17-53-208 (3) (a).
The County Clerk is directed to publish a short summary of this Ordinance with the name of the members voting for and against, together with a statement that a complete copy of the ordinance is available at the Office of the County Clerk, for at least one publication in a newspaper of general circulation in the county, or as otherwise permitted and required by Utah State Law.
ADOPTED this 28th day of January, 2020.
Lamont Smith, Chair
ATTEST: Board of Commissioners
_________________________ Commissioner Smith voted ____
KARLA JOHNSON Commissioner Gant voted ____
Kane County Clerk Commissioner Chamberlain voted ____