The Utah Industrial Hemp and Medical Cannabis Division ensures safety, compliance and equity to the industrial hemp industry by monitoring Utah’s processors and retail establishments. This program ensures consumer safety and product integrity by approving products prior to entering the Utah market and verifying through inspections that safety and label standards are met.
Important News:
Important legislative updates!
During the 2023 legislative session the state passed HB227. This bill changes some important aspects of the hemp program. See the bill for details but several of the important updates are outlined below
The bill goes into effect on May 3rd 2023:
1. The definition of cannabinoid product has been updated This has altered the amounts of THC and THC analogs allowed in products. The new definition will be:
“Cannabinoid product” means a product that:
(a) contains or is represented to contain one or more naturally occurring cannabinoids; and
(b) contains less than the cannabinoid product THC level, by dry weight; and
(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content[.]; and
(d) does not exceed a total of THC and any THC analog that is greater than:
(i) 5 milligrams per serving; and
(ii) 150 milligrams per package.
This law becomes active on may 3rd 2023. UDAF will not be able to register any products that do not meet this definition on or after may 3rd 2023 including for products that have pending registration
Products will be required to meet these definitions upon expiration of product registration
2. UDAF may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority.
The state is concerned with the presence of synthetic or artificially derived cannabinoids in the market, and is moving away from allowing any of them to be present in products available in the hemp market.
3. Cannabinoid products that are meant to be inhaled (e.g., vaporizers) must have a warning on the label regarding possible health effects of inhaling cannabinoid products
Warning Example: Inhalation of cannabinoid products may result in adverse health effects.
This law becomes active on may 3rd 2023. UDAF will not be able to register any products that do not meet this definition on or after may 3rd 2023 including for products that have pending registration
Products will be required to meet these definitions upon expiration of product registration
4. Product registration applications will require a cannabinoid profile COA from the UDAF Laboratory in addition to the full panel COA which may come from a third-party laboratory
This is the same testing that is required already for product registration however the cannabinoid profile portion must come from the UDAF lab
This will go into effect on July 1st, 2023 to accommodate the timeline for administrative rule changes. Applications received on or after July 1st, 2023 will be required to submit a cannabinoid COA from the UDAF Laboratory.
See the sample submission form for details, however further questions related to cost or the final product sample submission process should be directed to the UDAF Laboratory directly by calling 801-816-3840 or emailing agriculture@utah.gov
5. As of May 3, 2023, it will be an unlawful act to knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog to an individual who is not at least 21 years old
This is ONLY for any product that contains THC or THC analogs.
-
- Previous correspondence from the Department stated that retailers would be required to keep records. At this time, the Department is not enforcing a record keeping requirement for age verification. If a retailer is found violating the statutory requirement to verify age, they may be subject to regulatory action such as a warning letter, fine, or civil penalties up to $5,000.
-
- Retailers must require a government issued ID from the recipient to verify that the date of birth is no less than 21 years prior to the date of sale.
General Information:
- Hemp Product Registration
- Industrial Hemp Laws and Rules
- Hemp Processor Licenses
- Hemp Laboratory Licenses
- Industrial Hemp Retail Permit
Additional Information:
Industrial Hemp FAQs
What is Industrial Hemp?
Cannabis Sativa L. that has less than 0.3% THC. Industrial hemp products include, but are not limited to CBD products, hemp fiber, hemp seed oil, etc.
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 cannabis come from the same plant genus. This is similar to the difference between sweet corn and field corn, while both are corn, the purposes are different. Both industrial hemp and medical cannabis products look similar 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 medical cannabis or marijuana.
Why is the Department of Agriculture and Food 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 hemp-based products.
Can I Buy CBD products 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 has established rules for the sale and purchase of CBD oil in the state. CBD oil registered with the Department, meeting all testing, labeling and other requirements as established by rule, may be purchased in Utah.
What Is Considered “One Individual Hemp Product”?
- An individual hemp product is defined as a product with the same cannabinoid content with one single flavor or scent in an approved medicinal form.
- If a product has multiple flavors, each flavor must be registered and paid for separately.
- If a product comes in different cannabinoid dosage amounts the products are considered separate products and must be registered individually. (example: 1000 mg and 2000 mg products that have the same formula)
What is an industrial hemp product class?
- An Industrial hemp product class is a group of cannabinoid product that have all ingredients in common; and are produced by or for the same company
- An industrial hemp product class may be registered for one fee. (Example: 200 mg Tincture Mint Flavor sold in 2 oz and 4 oz bottles)
Will I need to restrict the age of everyone entering my store or put a statement in the window?
No, the age restriction only applies to the sale of products containing THC or THC analogs. At this time, the law does not require retailers to place anything in the window or restrict the age of entry to the establishment.
All of the products I sell are below 0.3% THC. Do I still have to do age verification?
As of May 3rd, 2023, if the product contains any THC or THC analog, age verification must be conducted prior to sale of the item.
Do I have to get the full panel COA from the state lab to register a product?
No, you only need to submit a sample for cannabinoid profile testing. A full panel COA will still be required for product registration, but the rest of the testing may be conducted by another independent laboratory.
Does this change the cost of registering products? Do I still have to pay the registration fee?
No, this does not change the product registration fee ($325 per product). Any costs associated with testing are separate from the product registration fee remitted to the industrial hemp program. For questions related to the lab's pricing, please contact the laboratory division at (801) 816-3840.
Are there any types of products that are NOT allowed?
- Smokeable flower
- Cannot be considered appealing to children
- Cannot be added to conventional food or beverages
- Gummies are allowed as an exception as long as they are not shaped like characters/animals (See appealing to children)
- Liquid suspensions are allowed as long as they are 2oz or less
- Products that have a combined concentration of total THC and any THC analog of more than 0.3% on a dry weight basis
- Products that have a total of THC and any THC analog that is greater than: 5 milligrams per serving; and 150 milligrams per package
- See R-68-26 for details
Is the milligram per serving and per package limit for all cannabinoids?
No, the milligram per serving and package limits apply to THC and THC analogs.
Are there any compounds not allowed in industrial hemp or cannabinoid products?
- UDAF may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority.
- The state is concerned with the presence of synthetic or artificially derived cannabinoids in the market, and is moving away from allowing any of them to be present in products available in the hemp market.
- THC-O Acetate
- HHC
- EXO-THC
- THCP
- THCJD
Does UDAF regulate Hemp growers in the state?
Due to the actions of the Utah state legislature in the 2022 legislative session the Utah Department of Agriculture and Food (UDAF) will no longer be responsible for regulating and licensing hemp cultivators in Utah.
All interested cultivators will need to apply for and obtain a USDA license. Please email farmbill.hemp@usda.gov or call (202) 720-2491 with any questions.
A USDA license will allow the growing and storage of your own biomass only. Any other activities such as accepting/storing biomass or concentrates from others will require a Utah processor license (most likely a Tier 4)
Is a transportation permit required to transfer Industrial hemp in Utah?
Transportation permits are no longer required for the transportation of industrial hemp material. A transport manifest will now take place of the transportation permit. This manifest is required to be with all industrial hemp material that is being transported and is to be kept with records.
See text of rule below for what is required on transportation manifest:
R68-25-13. Transportation of Industrial Hemp Material –
1) Each movement of industrial hemp material shall include a transport manifest that includes the following information:
- a) a copy of the COA for each batch included in the shipment;
- b) the location of the sending and receiving parties;
- c) proof of registration or licensure for the sending and receiving parties; and
- d) a bill of lading for the transported material.
Bill of lading is a detailed list of a shipment of goods in the form of a receipt given by the carrier to the person consigning the goods.
What laws or rules govern Industrial Hemp in Utah, and how can I find them?
The Utah Industrial hemp program governed by Utah Code Chapter 4-41 hemp and Cannabinoid Act. In addition the department makes Administrative rules in pursuant to the state Law. The current list of administrative rules that govern Industrial hemp can be found on the Utah Office of Administrative Rules site.
How are administrative rules changed in the state?
Rules in the state are changed based on the following process.
How can I know if a Rule is changing?
Visit this website. This will bring you to the current hemp rules if you select proposed rules then click the magnifier it will bring up all proposed rules as well as the current rules.
.
Any proposed rule will be listed like this (see picture below) allowing you to view proposed changes and make public comments if desired.
.
Click image to enlarge.
Laboratory Testing
- Cannabinoid Product Sample Submission Form
- Please contact Laboratory Services for questions related to the testing or sample submission process.
Complaint Form
Please fill out this form if you have questions or concerns regarding growers, processors, retail establishments, or products of industrial hemp.
If you choose to remain anonymous it may be difficult to collect enough information to begin an investigation or follow-up. Once a complaint is submitted, the Industrial Hemp Program staff will evaluate your complaint to determine if sufficient information exists to proceed.
