The Utah Industrial Hemp and Medical Cannabis Division ensures safety, compliance and equity to the industrial hemp industry by monitoring Utah’s processors and retail establishments. This program ensures consumer safety and product integrity by approving products prior to entering the Utah market and verifying through inspections that safety and label standards are met.
Due to the changes in statute (see 4-41-102 for text of statute) As of November 1, 2022 UDAF will no longer register new cannabinoid products that do not meet the following definition. This is due to the upcoming December 1, 2022 date in part (c) (see below)
(a) contains or is represented to contain one or more naturally occurring cannabinoids; and
(b) contains less than the cannabinoid product THC level, by dry weight; and
(c) after December 1, 2022, contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content.
- An Update for Industrial Hemp Cultivators: As per H.B. 385 Hemp and CBD Amendments, the Utah Department of Agriculture and Food (UDAF) will no longer be responsible for regulating and licensing hemp cultivators in Utah. All interested cultivators will need to apply for and obtain a USDA license. Please email email@example.com or call (202) 720-2491 with any questions.
- A USDA license will allow the growing and storage of your own biomass only. Any other activities such as accepting/storing biomass or concentrates from others will require a Utah processor license (most likely a Tier 4)
- There are now 4 tiers of processing see this link for details
- Tier 1 = processing from extraction to products
- Tier 2 = Extraction for biomass
- Tier 3 = Whitelabeling and packaging
- Tier 4 = Brokers/wholesalers/distributors
- Due to an update in the Rules, Transportation permits are no longer required for the transportation of industrial hemp material. A transport manifest will now take place of the transportation permit. This manifest is required to be with all industrial hemp material that is being transported and is to be kept with records.
See text of rule below for what is required on transportation manifest:
R68-25-13. Transportation of Industrial Hemp Material –
- 1) Each movement of industrial hemp material shall include a transport manifest that includes the following information:
- a) a copy of the COA for each batch included in the shipment;
- b) the location of the sending and receiving parties;
- c) proof of registration or licensure for the sending and receiving parties; and
- d) a bill of lading for the transported material.
- Bill of lading is a detailed list of a shipment of goods in the form of a receipt given by the carrier to the person consigning the goods.
Industrial Hemp Product Registration
All Industrial hemp products that contain any cannabinoids need to be registered with UDAF. See this page for registration information as well as the Current registered products list: Hemp Product Registration
Industrial Rules and Regulations
There are laws and rules that govern how industrial hemp is managed in the state of Utah. Visit this page to learn more: Industrial Hemp Laws and Rules
Industrial Hemp Processing License
In order to process industrial hemp/industrial hemp products in the state a license is required see this page for licensure details: Hemp Processor Licenses
Industrial Hemp Testing Lab License
Visit this page for information on licensing requirements to become a UDAF licensed Industrial hemp testing lab: Hemp Laboratory Licenses
Industrial Hemp Retail Permit
To sell Industrial hemp products in the state a retailer needs to obtain an industrial hemp retail permit. Visit this page for instructions: Industrial Hemp Retail Permit
Industrial Hemp FAQs
What is Industrial Hemp?
Cannabis Sativa L. that has less than 0.3% THC. Industrial hemp products include, but are not limited to CBD products, hemp fiber, hemp seed oil, etc.
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 cannabis come from the same plant genus. This is similar to the difference between sweet corn and field corn, while both are corn, the purposes are different. Both industrial hemp and medical cannabis products look similar 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 medical cannabis or marijuana.
Why is the Department of Agriculture and Food 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.
Can I Buy CBD products 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, labeling and other requirements as established by rule, may be purchased in Utah.
What Is Considered “One Individual Hemp Product”?
- An individual hemp product is defined as a product with the same cannabinoid content with one single flavor or scent in an approved medicinal form.
- If a product has multiple flavors, each flavor must be registered and paid for separately.
- If a product comes in different cannabinoid dosage amounts the products are considered separate products and must be registered individually. (example: 1000 mg and 2000 mg products that have the same formula)
What is an industrial hemp product class?
- An Industrial hemp product class is a group of cannabinoid product that have all ingredients in common; and are produced by or for the same company
- An industrial hemp product class may be registered for one fee. (Example: 200 mg Tincture Mint Flavor sold in 2 oz and 4 oz bottles)
Are there any types of products that are NOT allowed?
- Smokeable flower
- Cannot be considered appealing to children
- Cannot be added to conventional food or beverages
- Gummies are allowed as an exception as long as they are not shaped like characters/animals (See appealing to children)
- Liquid suspensions are allowed as long as they are 2oz or less
- Cannot contain a combined concentration of total THC and any THC analog of more than 0.3% on a dry weight basis see R-68-26 for details
Are there any compounds not allowed in industrial hemp or cannabinoid products?
The following compounds are considered adulturants and are not allowed in any amounts
- THC-O Acetate
What laws or rules govern Industrial Hemp in Utah, and how can I find them?
The Utah Industrial hemp program governed by Utah Code Chapter 4-41 hemp and Cannabinoid Act. In addition the department makes Administrative rules in pursuant to the state Law. The current list of administrative rules that govern Industrial hemp can be found on the Utah Office of Administrative Rules site.
How are administrative rules changed in the state?
Rules in the state are changed based on the following process.
How can I know if a Rule is changing?
Visit this website. This will bring you to the current hemp rules if you select proposed rules then click the magnifier it will bring up all proposed rules as well as the current rules.
Any proposed rule will be listed like this (see picture below) allowing you to view proposed changes and make public comments if desired.
Please fill out this form if you have questions or concerns regarding growers, processors, retail establishments, or products of industrial hemp.
If you choose to remain anonymous it may be difficult to collect enough information to begin an investigation or follow-up. Once a complaint is submitted, the UDAF Cannabis Program staff will evaluate your complaint to determine if sufficient information exists to proceed.
UTAH MEDICAL CANNABIS PROGRAM
Information about the Utah Medical Cannabis Program including patient, provider, production, and pharmacy information can be found at https://medicalcannabis.utah.gov/
The medical cannabis card application process can be found at: https://medicalcannabis.utah.gov/patients/i-am-a-patient/