- Category: Blog
- Published: Tuesday, 24 April 2018 05:24
- Written by Jack Wilbur
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This page contains information and resources related to Medical Cannabis and Industrial Hemp laws, rules and programs administered by the Utah Department of Agriculture and Food
For information related to the law governing cannabis establishments click here.
Information on completing background checks for Medical Cannabis Cultivation Establishments and Agents
All parties planning to apply for one of the limited number of medical cannabis cultivation establishment licenses are encouraged to start the background check process now.
Criminal background checks are required for each individual who has a financial or voting interest of 2% or greater in the cannabis cultivation facility or who has the power to direct or cause the management or control of such a facility. The fee is $51.50 per person. Submit payment to UDAF by check, or credit card payment over the telephone (801) 538-7100.
The application that is submitted will include a "Criminal Background Screening Authorization Form" Click here. This form must be completed and signed by the applicant. The applicant must also complete the Medical Cannabis Production Establishment Criminal Background Receipt form. Click here.
Once the application, forms and fees have been submitted, the applicant will be sent a "Live Scan Fingerprint Authorization Form".
The Live Scan Fingerprint Authorization Form can then be taken to any Utah live scan vendor who has the ability to "transmit" the live scan fingerprints to Public Safety. (A list of current vendors is attached. The vendors may charge a fee for taking fingerprints.)
Out of state applicants who will not be in Utah at the time of the application, will need to have their fingerprints rolled on a hard card (FBI Applicant form FD-258 - usually done at the local police department) and submit the card with the application. Those hard cards will be scanned into the system for an additional $12.00 processing fee.
Once Public Safety receives the electronic fingerprints, they will provide a determination of either cleared or denied based on the applicable state statute. Upon receipt of a clear criminal record, UDAF will continue with processing the application.
Utah Department of Agriculture and Food
Cannabis Rule Comments
PO Box 146500
Salt Lake City, Utah 84114-6500
Access the state bulletin here. The cannabis cultivation rule R68-27 is found on page 4.
Grower Rule 2019:
- May 3 -- Emergency rule for the medical cannabis grower rule went into effect.
- May 15 -- Medical cannabis growers rule published: 30 day comment period begins
- June 5 -- Public Hearing (time and location to be determined) to be held related to the medical cannabis grower rule
- June 14 -- Public comment period ends on medical cannabis grower rule
- June 21 -- Earliest date the medical cannabis grower rule could go into effect
Cannabis Grower Request for Proposals (RFP) Process and Timeline
The Request for Proposals (RFP) for prospective medical cannabis growers is scheduled to be available from the Utah Division of Purchasing on June 1.
Interested parties should register NOW to be a vendor through the Utah Supplier Portal
- June 1 -- RFP Opens (a link to the Division of Purchasing and the RFP will be published here).
- June 30 -- The RFP period closes
- July 15 -- Earliest date the to award grower licenses
Inventory Control System (ICS)/Electronic Verification System (EVS)
The State of Utah has selected MJ Freeway to develop the EVS/ICS for the medical cannabis program. A contract is expected to be signed on or before June 1, 2019.
New! Industrial Hemp Program Registration/License list
Here is a list of the industrial hemp growers, processors and registered products in Utah. This list is updated weekly if there are new entries in any of the categories.
- Individuals can cultivate and process industrial hemp if they are licensed by the Department.
- Individuals can market industrial hemp and industrial hemp products provided the products have been registered by the Department
- Cannabidiol (CBD) products may be sold around the state of Utah, provided they are registered with the Department.
All applicants are expected to have read all applicable industrial hemp rules prior to submitting an application.
Industrial Hemp FAQ
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 hemp based products.
WHO CAN GROW INDUSTRIAL HEMP?
- State law 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.
Can I Import Industrial Hemp Seeds?
- Please read the following from USDA
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 has established 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 has established rules governing the registration of CBD products. Any person seeking to register their product must submit an application. See the Industrial Hemp program information and application below.
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.
Industrial Hemp Program Information and Application
Please review the following prior to applying to be a grower/cultivator in the state of Utah
- Submit a nationwide criminal history from the FBI completed within three months prior to the application.
- The applicant shall submit the legal description of the growing area.
- The applicant shall submit an aerial photograph of each growing area identifying the variety/varieties to be planted within the growing area.
- The applicant shall submit a physical address for the growing area.
- The applicant shall submit a soil test containing: N03, N02, Ammonia, Phosphorus, Potassium, PH level, Soil texture, Organic matter, Micronutrients, Soil-less planting media.
- The applicant shall post signage that reads, "Utah Department of Agriculture and Food industrial hemp Pilot Program" at the plot location's entrance and where the plot is visible to a public roadway.
- The applicant shall submit a $500.00 licensing fee to the Utah Department of Agriculture and food.
- The applicant shall include a statement of the intended end use or disposal.
Applicant must review the following prior to applying for a processor's license:
Please be advised if the applicant intends to produce a product for human consumption, the applicant must be licensed with the Utah Department of Agriculture and Food as a manufactured food facility prior to applying for an industrial hemp processor's license: 801-538-7159.
- Applicant must submit a nationwide criminal history from the FBI within three months prior to the application.
- All employees who handle material that is over 0.3% THC must be at least 18 and submit a criminal history report within one month of employment.
- The use of butane or propane is a prohibited extraction method.
- The applicant will include a description of their research objective with the application and renewals.
- The applicant shall submit a $2000.00 processor licensing fee to the Utah Department of Agriculture and food.
Applicant must review the following prior to registering their products.
- Each product containing hemp seed oil, hemp oil, extract, or CBD, requires the applicant to submit a $200.00 registration fee.
- Each product containing Industrial Hemp seed, or a product containing a solid seed derivative requires the applicant to submit a $100.00 registration fee.
- Each product containing Industrial hemp fiber does not have to submit a registration fee but must register their product.
- The applicant shall upload the intended label and Certificate of Analysis (C.O.A.) for each product containing CBD (Cannabidiol) including:
- Cannabinoid profile by percentage of dry weight,
- Heavy metals,
- Batch Identification number,
- Date received,
- Date of completion and,
- Method of analysis for each test conducted.
Click on the link below to access and complete the application.
Call 801-538-7100 for questions regarding your application.
Your application will not be complete until payment is received by the Department. To make payment please call 801-538-7100. Have your card information readily available.