Utah

Legislation History

Republican Gov. Gary Herbert signed HB 105 in March 2014, amending Utah’s Code related to Hemp. This allowed the Utah Department of Agriculture and Food (UDAF) to grow industrial hemp for the purposes of agriculture or academic research. The bill also legalized possession and consumption of low-THC CBD oil for individuals with intractable epilepsy. HB 195, signed into law in 2018, granted terminally ill patients the “right to try” marijuana for medical purposes.

 

A companion bill, HB 197, also signed in 2018, gives the state of Utah a monopoly on marijuana cultivation, processing, and sales of medical cannabis. Recreational-use cannabis in Utah remains illegal, and possession of small amounts may result in serious legal consequences. A broader initiative legalizing medical marijuana appears to be heading for the November 2018 ballot that would potentially replace the current state law if passed.

Overview

Utah’s commercial marijuana industry is regulated by the UDAF. Beginning on January 1, 2019, the UDAF will also provide regulatory oversight and licensing for medical cannabis production, distribution, testing and sales for all terminally ill patients enrolled in the “right to try” cannabis-based treatment program.

Where is it Safe to Purchase?

Utah does not currently have a state-regulated, viable supply chain, or a state-sponsored method of obtaining CBD oil. HB 105 does not stipulate a point of access for hemp extracts for patients suffering with intractable epilepsy. HB 197 established a state dispensary effective Jan. 1, 2019, for the distribution of cannabis that has been processed into a medical doses. However, this will only be made available for patients deemed eligible by a state-licensed physician.

Where is it Safe to Consume?

Currently there are no limits or restrictions placed on patient consumption.

Possession

HB 105 allows for patients to consume and possess hemp extract with no possession limit. Legally, the hemp extract must be composed of no more than three-tenths of one percent (0.3%) tetrahydrocannabinol (THC) by weight, and at least five percent (5%) cannabidiol (CBD) by weight.

How Old Do I Need
to Be to Consume?
N/A
Recreational
N/A
Medical
Possession Limit
for Flower
N/A
Recreational
N/A
Medical
Possession Limit
for Concentrates
N/A
Recreational
N/A
Medical

CBD Registry

To legally possess low-THC CBD oil in Utah, patients must obtain a hemp extract registration card from the Utah Department of Health’s Office of Vital Records and Statistics. Qualifying applicants must be 18 years or older and suffer from intractable epilepsy, or be a parent or legal guardian of a minor who suffers from intractable epilepsy. The application must be submitted in person or by mail to the Office of Vital Records and Statistics

To apply for a Hemp Extract Registration Card, residents of Utah must complete the following application process:

  1. Complete and submit the application for hemp extract registration cards.
  2. Submit a copy of the neurologist’s certification form and patient evaluation record form signed by the patient’s neurologist.
  3. Legal guardians of minor patients must provide a certified copy of the court order proving guardianship
  4. Submit a copy of the patient’s Utah ID or driver’s license as proof of identity and residency.
  5. Pay a $200 application fee.

Registration Cards expire annually. Submitting a renewal application requires payment of a $50 renewal fee. After 120 days past the expiration date, the late renewal application fee is $200.

Lab Testing

Utah currently does not require lab testing.

 

This page was last updated on May 17, 2018.