- Category: Blog
- Published: Tuesday, 24 April 2018 05:24
- Written by Jack Wilbur
- Hits: 13807
The 2018 Utah Legislature passed several bills involving cannabis, The Utah Department of Agriculture and Food (UDAF) is the agency responsible for implementing and enforcing many of the new cannabis-related laws. The information on this page and links to other pages and documents relate to the new laws and the rules.
- Individuals will be able to cultivate and process industrial hemp if they are licensed by the Department.
- Individuals will be able market industrial hemp and industrial hemp products provided the products have been registered by the Department
- Currently, the Department has a rule in place to allow for the growth of industrial hemp by the Department and Universities. These rules will be expanded to include individuals and companies as well as to regulate the processing and marketing of products.
- Cannabadiol (CBD) products are currently being sold around the state of Utah. The Department does not intend to interrupt the market; however, the Department is going to take a role in ensuring that products being sold are free from harmful substances and are labeled accurately to ensure consumers are accurately informed.
- It is not the intent of the legislation, nor of the Department, to limit access to CBD product to pharmacies; however, the Department is tasked with requesting a DEA exemption to allow CBD to be sold in pharmacies.
- The Department anticipates developing a registration system for CBD products. We will work with manufactures and distributors of CBD products to help them understand any regulations.
All applicants are expected to have read all applicable industrial hemp rules prior to submitting an application.
R68-24 Industrial Hemp Research Pilots Program for Growers
R68-25 Industrial Hemp Research Pilot Program for Processors
R68-26 Industrial Hemp Product Registration and Labeling
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 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 of 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 application is intended to produce a product for human consumption, the applicant must be licensed with the Utah Department of Agriculture and Food as a Manufacturing 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 of 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.