(1) Except as provided in Subsection (4), a retailer permittee of the department may market or sell a cannabinoid product or a viable industrial hemp seed.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 4-41-103.3

  • 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
  • Cannabis: means the same as that term is defined in Section 26B-4-201. 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
  • Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. 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
(2) A person seeking an industrial hemp retailer permit shall provide to the department:

     (2)(a) the name of the person that is seeking to market or sell a cannabinoid product or a viable industrial hemp seed;
     (2)(b) the address of each location where a cannabinoid product or a viable industrial hemp seed will be sold; and
     (2)(c) written consent allowing a representative of the department to enter all premises where the person is selling a cannabinoid product or a viable industrial hemp seed for the purpose of:

          (2)(c)(i) conducting a physical inspection; or
          (2)(c)(ii) ensuring compliance with the requirements of this chapter.
(3) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp retailer permit.
(4) Any marketing for a cannabinoid product or a viable industrial hemp seed shall include a notice to consumers that the product is hemp and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.