Utah Code 4-41-103.1. Authority to regulate production, sale, and testing of cannabinoid products and industrial hemp — Information sharing with the State Tax Commission
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(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
Terms Used In Utah Code 4-41-103.1
- Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
- Cannabinoid product: means a product that:(6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;(6)(b) contains less than the cannabinoid product THC level, by dry weight;(6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;(6)(d) does not exceed a total of THC and any THC analog that is greater than:(6)(d)(i) 5 milligrams per serving; and(6)(d)(ii) 150 milligrams per package; and(6)(e) unless the product is in an oil based suspension, has a serving size that:(6)(e)(i) is an integer; and(6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
- Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
- Non-compliant material: means :
(17)(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102- Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
- Person: means :
(19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and(19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Transportable industrial hemp concentrate: means any amount of a natural cannabinoid in a purified state that:
(25)(a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;(25)(b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0. See Utah Code 4-41-102(1)(a) establish requirements for a cannabinoid processor license to process cannabinoid products;(1)(b) establish requirements for an industrial hemp retailer permit to market or sell industrial hemp products;(1)(c) establish the standards, methods, practices, and procedures a laboratory must use when:(1)(c)(i) testing industrial hemp, transportable industrial hemp concentrate, and cannabinoid products; and(1)(c)(ii) disposing of non-compliant material;(1)(d) establish requirements for registration of processors of non-cannabinoid industrial hemp products; and(1)(e) establish standards for transporting transportable industrial hemp concentrate into and out of the state.(2) The department shall maintain a list of each licensee and permittee.(3) Beginning January 1, 2025, the department shall provide to the State Tax Commission:(3)(a) a regularly updated list of every retailer permittee that sells a cannabinoid product;(3)(b) any information obtained by the department regarding a person who is not a retailer permittee and is selling a cannabinoid product; and(3)(c) the tax identification number:(3)(c)(i) for a retailer permittee described in Subsection (3)(a); and(3)(c)(ii) a person described in Subsection (3)(b).