(1) It is unlawful for a person to handle, process, or market living industrial hemp plants, viable hemp seeds, leaf materials, or floral materials derived from industrial hemp without the appropriate license or permit issued by the department under this chapter.
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Terms Used In Utah Code 4-41-105

  • 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
  • Industrial hemp producer registration: means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product. 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
  • 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
  • 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
  • THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
  • THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102
  • 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
(2)

     (2)(a) It is unlawful for any person to:

          (2)(a)(i) distribute, sell, or market a cannabinoid product that is:

               (2)(a)(i)(A) not registered with the department under Section 4-41-104; or
               (2)(a)(i)(B) noncompliant material;
          (2)(a)(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted material or final product that contains 0.3% or more of total THC and any THC analog;
          (2)(a)(iii) sell or use a cannabinoid product that is:

               (2)(a)(iii)(A) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
               (2)(a)(iii)(B) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
               (2)(a)(iii)(C) smokable flower; or
          (2)(a)(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog in the course of business to an individual who is not at least 21 years old.
     (2)(b) A person may transport transportable industrial hemp concentrate if the person:

          (2)(b)(i) complies with rules created by the department under Section 4-41-103.1 related to transportable industrial hemp concentrate; and
          (2)(b)(ii)

               (2)(b)(ii)(A) has an industrial hemp producer registration; or
               (2)(b)(ii)(B) the equivalent to an industrial hemp producer registration from another state.
(3) The department may seize and destroy non-compliant material.
(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any provision of this title.

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