- Category: Blog
- Published: Tuesday, 24 April 2018 05:24
- Written by Jack Wilbur
- Hits: 6477
The 2018 Utah Legislature passed several bills involving cannabis, The Utah Department of Agriculture and Food (UDAF) is the agency responsible for implementing and enforcing many of the new cannabis-related laws. The information on this page and links to other pages and documents relate to the new laws and the rulemaking process. As this process continues there will be opportunities for stakeholder and general public input. Please visit this page periodically for updates.
- Individuals will be able to cultivate and process industrial hemp if they are licensed by the Department.
- Individuals will be able market industrial hemp and industrial hemp products provided the products have been registered by the Department
- Currently, the Department has a rule in place to allow for the growth of industrial hemp by the Department and Universities. These rules will be expanded to include individuals and companies as well as to regulate the processing and marketing of products.
- Cannabadiol (CBD) products are currently being sold around the state of Utah. The Department does not intend to interrupt the market; however, the Department is going to take a role in ensuring that products being sold are free from harmful substances and are labeled accurately to ensure consumers are accurately informed.
- It is not the intent of the legislation, nor of the Department, to limit access to CBD product to pharmacies; however, the Department is tasked with requesting a DEA exemption to allow CBD to be sold in pharmacies.
- The Department anticipates developing a registration system for CBD products. We will work with manufactures and distributors of CBD products to help them understand any regulations.
- The Department is allowed to grow and process cannabis for patients that meet the qualification of HB 195 and for those that are participating in a study conducted by an Institutional Review Board (IRB). The legislation does not allow for individuals to grow marijuana on their own.
- The Department may contract with a third party to grow and process the cannabis. If the Department contracts with a third party the Department will award that contract through the state procurement process.
- The Medical Cannabis Policy defines the patients who qualify for the product produced by the Department.
Audio Recordings of April 19th Public Meetings
Each meeting was recorded two recording devices, one at each audience microphone
WHAT IS INDUSTRIAL HEMP?
- Cannabis Sativa L. that has less than 0.3% THC.
WHAT IS MEDICAL MARIJUANA?
- Marijuana is cannabis that contains over 0.3% THC.
HOW ARE THEY THE SAME AND HOW ARE THEY DIFFERENT?
- Industrial Hemp and Medical Marijuana come from the same genus plant. Similar to the difference between Sweet Corn and Field Corn. They are both corn, but the purposes are different. Both products look similar to each other and contain many of the same chemical compounds, however the concentration of compounds in the two plant species can be vastly different. The legal difference is the amount of Tetrahydrocannabinol (THC) the plant contains. If the cannabis plant contains more than 0.3% THC it is considered Marijuana.
WHY IS THE DEPARTMENT OF AGRICULTURE INVOLVED?
- The Utah Department of Agriculture and Food was identified as the department in the best position to provide regulatory oversight for the identification, cultivation, processing, testing and distribution of these plant based products. In other states with Industrial Hemp and/or Medical Marijuana, these regulatory roles are separated into a diverse litany of state departments which has created significant uncertainty. The Utah Legislature determined that much of the regulatory framework should function out of a single department. The Departments of Commerce and Health also have roles in these issues in the state.
WHO CAN GROW INDUSTRIAL HEMP?
- Statelaw allows for individuals and universities to grow industrial hemp, provided they are licensed by the Department. The Department is currently working on establishing the rules for licensure. Once the rules are in place an individual may apply for a license. If all requirements are met, the Department may issue a license.
WHO CAN GROW MEDICAL MARIJUANA?
- The law allows for the Department to grow and process medical cannabis-I think we should be consistent in how we refer to these…”medical marijuana” or “Medical Marijuana” or “medical cannabis” are all used- or to contract with a third party to grow and process marijuana. The Department anticipates contracting with a third party. The contract will be awarded through the state’s regular RFP process.
CAN I BUY CBD OIL IN UTAH?
- The purpose of the law is to make sure the product being sold is free from harmful contaminants and matches the label requirements. The Department is in the process of establishing rules for the sale and purchase of CBD oil in the state. CBD oil registered with the Department, meeting all testing, labelling and other requirements as established by rule, may be purchased in the state of Utah.
HOW DO I REGISTER MY PRODUCT WITH THE DEPARTMENT?
- The Department is in the process of establishing rules governing the registration of CBD products. The Department anticipates holding public meetings to gather information on how best to accomplish the registration. The Department will work with the public and potential industry partners to understand the registration process.
WHO HAS TO REGISTER THE PRODUCT?
- The product must be registered before it can legally be sold in the state of Utah. Either the manufacturer or the distributor may register the product.
WHEN CAN I BEGIN GROWING HEMP?
- The Department is in the process of establishing rules governing the hemp program. These rules will need to be in place before growing can take place. The Department will work with interested parties in the crafting and implementation of the rule. Once the rule is in place the Department will begin accepting applications to license growers and processors.
CAN I COMMERCIALLY SELL MY HEMP PRODUCTS IN UTAH?
- Once the rules regarding Product Registration are in place, industrial hemp products may be sold in the state in conformity with the rules. Any hemp products grown in Utah prior to the effective date of the administrative rules governing hemp production in Utah may not be produced or sold in the state, even after the administrative rules are in effect.
WHAT ARE THE STANDARDS THAT YOU ARE GOING TO USE FOR CBD?
- The Department is dedicated to working with industry and other partners in establishing appropriate standards for CBD oil.
WHO IS ALLOWED TO DISPENSE MEDICAL MARIJUANA?
- The law allows for the Department of Agriculture to dispense medical marijuana. The Department will be developing a process for distribution. The Department anticipates holding public meetings to gather information and input.
WHEN ARE YOU GOING TO AWARD THE CONTRACT FOR GROWING MEDICAL MARIJUANA?
- The Department will be implementing rules governing the growing and process of medical marijuana. Additionally, the Department will go through the RFP process. This process will take some time.
WHEN CAN I EXPECT TO BE ABLE TO PURCHASE CBD?
- CBD oil will be available for legal purchase in Utah as soon as the administrative rule process is complete..
WHEN CAN I EXPECT TO BE ABLE TO PURCHASE MEDICAL MARIJUANA FOR MY AILING FAMILY MEMBER?
- The Department will comply with state law in implementing its medical marijuana rules and policies. The Department will notify the public once all administrative issues have been resolved and a firm date is set.
WHAT DOES THIS DO TO THE PROPOSED INITIATIVE?
- This legislation and associated administrative rule-making process have nothing to do with the Initiative.
The Frequently Asked Questions are not law or regulation and are subject to change as the rulemaking processes continues. Nothing here should be construed to be part of the administrative rules. No statement here should be taken as legal advice or counsel nor should it substitute for obtaining competent legal advice from a license attorney. Please remember that under federal law, possessing, using, distributing and/or selling marijuana is a federal crime. Nothing on this page is intended to provide any guidance or assistance in violating federal law, or to provide guidance or assistance in complying with federal law.