Industrial Hemp

What is industrial hemp?

Industrial hemp is defined as Cannabis Sativa with a THC concentration below 0.3%. The products derived from industrial hemp are diverse and include items such as CBD products, hemp fiber, and hemp seed oil.

What is medical cannabis?

Medical cannabis is a variant of Cannabis Sativa that typically has THC levels exceeding 0.3%. It is used for therapeutic purposes to treat a range of medical conditions. In Utah, medical cannabis is only available from licensed medical cannabis pharmacies with a doctor’s prescription.

How are they the same and how are they different?

Industrial hemp and medical cannabis are both from the Cannabis Sativa plant, but they are differentiated by their THC content.

• Similarity: Both can contain many of the same chemical compounds and may look visually similar.
• Difference: The legal classification depends solely on THC concentration. Plants with more than 0.3% THC are classified as medical cannabis, while those with less than 0.3% are industrial hemp.

Why is the Department of Agriculture and Food Involved?

The Utah Department of Agriculture and Food (UDAF) is responsible for regulating the processing, testing, and distribution of hemp-based products in the state, as designated by the Utah state legislature.

Do I have to get the full panel COA from the state lab to register a product?

No. While a full Certificate of Analysis (COA) for the most recent batch of product is required for product registration, only a sample for cannabinoid profile testing must be submitted to the state lab. Other required tests can be conducted by an independent laboratory.

What is considered one cannabinoid product for the purposes of product registration?

• An individual Cannabinoid product is defined as a product with the same cannabinoid content and a single flavor or scent.
• If a product has multiple flavors, each flavor must be registered separately.
• If a product comes in different cannabinoid concentrations, these variations are considered separate products and must be registered individually.

What is a cannabinoid product class?

• A cannabinoid product class is a category of cannabinoid products that share all ingredients in common and are manufactured by or for the same company.
• A cannabinoid product class can be registered together. For instance, if you have 5 mg lime-flavored gummies available in both 2-count and 5-count packaging, they can fall under the same product class registration.

Will I need to restrict the age of everyone entering my store or put a statement in the window if I sell cannabinoid products?

• No, there is no requirement to restrict the age of everyone entering your store or display a statement in the window. The age restriction only pertains to the sale or gift of products containing THC or THC analogs. Currently, the law does not mandate retailers to implement window signage or entry age restrictions.
• As of May 3rd, 2023, retailers are required to ensure that products containing THC or THC analogs are not sold or gifted to anyone under the age of 21.

All of the products I sell are below 0.3% THC. Do I still have to do age verification?

Age verification is only required for the sale or gift of cannabinoid products containing THC or THC analogs.

Does UDAF regulate Hemp growers in the state?

• As of May 2022, the USDA is responsible for regulating and licensing hemp cultivators in Utah.
• All cultivators are required to apply for and secure a USDA license. For inquiries or assistance, please contact [email protected] or call (202) 720-2491.
• A USDA license will grant permission for the cultivation and storage of your own biomass exclusively. Engaging in other activities, such as receiving or storing biomass or concentrates from external sources, will necessitate obtaining a UDAF cannabinoid processor license, typically a Tier 4 license.

See R66-30 Cannabinoid Product Processors for more info.