2021 Update:
No updates have been made to hemp- CBD laws in Utah.
As of January 2021, medical cannabis patients must purchase their medical cannabis in Utah. Previously, out of state purchases were legal.
In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on Utah Hemp Laws and the legality of CBD in Utah, it is important to understand the different types of hemp and CBD products that these laws may be applied to.
There are many (somewhat confusing) terms for hemp oil:
- Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
- Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
- Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
- PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
- CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
- Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).
FAQ: Hemp and CBD Legality in Utah
When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:
Is Full Spectrum CBD Legal in Utah?
That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.
Under the Utah hemp laws HB3001, CBD products are legal but must be registered with the state's Department of Agriculture. Only registered CBD products are legal, and all products must be labeled according to FDA GMP guidelines.
Is It Legal to Ship PCR Hemp Oil to Utah?
It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill.
Where to Buy Full Spectrum CBD Oil in Utah?
Only products that are registered with the state are legal to buy under Utah hemp laws. This restricts residents who want to buy CBD and hemp online and requires that stores only sell those registered products.
Do you need a special license to purchase PCR Hemp Oil in Utah?
You don’t need a special license to purchase CBD hemp oil (all types) in Utah, only to grow, test, or sell products.
How Does Utah Legally Define Hemp?
'Industrial hemp' means any part of a cannabis plant, whether growing or not, with
337 a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
Growing and Selling Hemp in Utah
Utah has many rules, laws, and regulations around hemp and CBD. These include the following:
- 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
- 4-41 Hemp and Cannabidiol Act
Utah hemp growers and handlers must be registered and licensed with the state. They have a very well defined legal process to follow. Hemp and CBD products must comply with Utah hemp laws:
- Products must contain no more than 0.3% THC
- Products must come from a registered farm
- Products must be tested by a licensed laboratory
- The Utah Department of Agriculture performs all testing
- CBD products must be registered with the state and meet labeling and testing requirements
In addition to Utah state CBD laws and the 2018 Farm Bill hemp laws, the US Food and Drug Administration (FDA) has additional requirements for CBD and hemp companies to meet.
Utah state hemp laws allow for CBD products such as:
- Hemp topicals
- Hemp concentrates and extracts (oils and tinctures)
- Industrial hemp for building or fiber materials
- Industrial hempseed (food product)
- Industrial hempseed oil (food product)
Utah CBD Labeling Requirements
Like many states, Utah has specific requirements for CBD product labels that are mandated by Utah hemp laws. Utah joins the growing list of states requiring CBD companies to label products according to federal regulations. While federal regulators have not made this mandate, it is most commonly thought that the state requirement supersedes federal. In this way, the state can require adherence to federal law, even when the federal government has not yet mandated it.
1) Industrial hemp products containing CBD produced for human consumption shall be labeled in accordance with 21 CFR 101.1, 21 CFR 101.2, 21 CFR 101.3, 21 CFR 101.4, 21 CFR 101.5, 21 CFR 101.9(j)(13), 21 CFR 101.9(j)(17), 21 CFR 101.15, and 21 CFR 101.36.
2) Industrial hemp products produced for absorption by humans shall be labeled in accordance with 21 CFR 701, Cosmetic Labeling and 21 CFR 740, Cosmetic Product Warning Statements. ...
5) Industrial hemp products which do not contain CBD intended for human consumption shall be labeled in accordance with 21 CFR 101, Food Labeling.
6) Industrial hemp products which do not contain CBD intended for human absorption shall be labeled in accordance with 21 CFR 701, Cosmetic Labeling and 21 CFR 740, Cosmetic Product Warnings Statements. ...
9) All industrial hemp products shall comply with the federal Food Drug and Cosmetic Act, 21 U.S.C. Chapter 9 and other applicable federal laws and regulations and all applicable state laws and regulations relating to the labeling of food, cosmetics, and fiber.
Rule R68-26. Industrial Hemp Product Registration and Labeling.
Utah hemp laws also require hemp products containing CBD to be labeled with a scannable bar code, QR code, or web address linked to a document containing the following information:
- The batch identification number
- The product name
- The batch date
- An expiration date
- The batch size
- The total quantity produced
- A downloadable link for a certificate of analysis for the batch identified
Finally, Utah hemp laws prohibit CBD and hemp products from making any medical claims.
