Is CBD (Cannabidiol, hemp-derived) Legal in Utah? (2026)

Instrument

Utah Code 4-41-102(7)(b), 4-41-105(1)(f), 4-41-402(1)

Source

https://le.utah.gov/~2021S1/bills/sbillint/SB1006.htm

Retrieved

2026-10-07

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4-41-102(7)(b) "'Dosage form' does not include industrial hemp flower." 4-41-105(1) [A person may not ...] (f) "distribute, sell, or use industrial hemp flower." 4-41-105(2) "The department may seize and destroy non-compliant material." 4-41-402(1) "The sale or use of a cannabinoid product is prohibited:" [except as provided in the chapter or] "unless the United States Food and Drug Administration approves the product." [UDAF FAQ: "Smokable flower" is a prohibited product type for retail sale.] [Bracketed spans summarized; S.B. 1006 introduced text and H.B. 265 (2026) enrolled text.]

Instrument

Unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance

Source

https://le.utah.gov/xcode/Title76/Chapter9/76-9-S1120.html

Retrieved

2026-10-07

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76-9-1120. Unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance. (Effective 7/1/2026) (1) As used in this section: (a) "Cannabinoid inhalation product" means an electronic cigarette that contains a cannabinoid. (b) "Cannabinoid inhalation substance" means a substance containing a cannabinoid that is used or intended for use in an electronic cigarette. (c) "Compensatory service" means service or unpaid work performed by an employee, in lieu of the payment of a fine or imprisonment. (d) "Employee" means an employee or an owner of a retailer. (2) An actor commits unlawful sale of a cannabinoid inhalation product or a cannabinoid inhalation substance if the actor: (a) is an employee; and (b) intentionally or knowingly sells or gives a cannabinoid inhalation product or a cannabinoid inhalation substance in the course of business to an individual. (3) A violation of Subsection (2) is: (a) on a first violation: (i) a class C misdemeanor; and (ii) subject to: (A) a fine not exceeding $1,000; or (B) compensatory service; or (b) on a subsequent violation: (i) a class B misdemeanor; and (ii) subject to: (A) a fine not exceeding $2,000; or (B) compensatory service. (4) This section does not prohibit or restrict the sale of medical cannabis or a medical cannabis device if done in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, and with Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies. Enacted by Chapter 308, 2026 General Session

Instrument

Definitions -- Adulterant; Artificially derived cannabinoid; Cannabinoid product; THC analog; Total THC

Source

https://le.utah.gov/xcode/Title4/Chapter41/4-41-S102.html

Retrieved

2026-07-02

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4-41-102. Definitions. (Effective 7/1/2026)

As used in this chapter:

(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to human health, including:
(a) pesticides;
(b) heavy metals;
(c) solvents;
(d) microbial life;
(e) artificially derived cannabinoids;
(f) toxins; or
(g) foreign matter.

(2)
(a) "Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substances derived from the cannabis plant.
(b) "Artificially derived cannabinoid" does not include:
(i) a naturally occurring chemical substance that is separated from the cannabis plant by a chemical or mechanical extraction process; or
(ii) cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.

(6) "Cannabinoid product" means a product that:
(a) contains or is represented to contain one or more naturally occurring cannabinoids;
(b) contains less than the cannabinoid product THC level, by dry weight;
(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;
(d) does not exceed a total of THC and any THC analog that is greater than:
(i) 5 milligrams per serving; and
(ii) 150 milligrams per package;
(e) unless the product is in an oil based suspension, has a serving size that:
(i) is an integer; and
(ii) is a discrete unit of the cannabinoid product;
(f) is not an electronic cigarette as that term is defined in Section 76-9-1101; and
(g) is not a cannabinoid substance that is intended for use in an electronic cigarette.

(8) "Cannabinoid product THC level" means a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a result within a measurement of uncertainty that includes the combined concentration of 0.3%.

(12) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.

(19) "Non-compliant material" means:
(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0.3% tetrahydrocannabinol or greater by dry weight;
(b) a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level; and
(c) a cannabinoid product containing any of the following:
(i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 54763-99-4;
(ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 51768-60-6;
(iii) delta-9-tetrahyrdocannabinol (THC) acetate, the cannabinoid identified as CAS# 23132-17-4;
(iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS# 23050-54-6;
(v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS# 36403-91-5; or
(vi) 9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS# 36403-90-4.

(23) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3.

(24)
(a) "THC analog" means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC.
(b) "THC analog" does not include the following substances or the naturally occurring acid forms of the following substances:
(i) cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8;
(ii) cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2;
(iii) cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1;
(iv) cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4;
(v) cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0;
(vi) cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3;
(vii) cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8;
(viii) cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7;
(ix) cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or
(x) delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS# 31262-37-0.

(26) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0.877)".

Instrument

Definition of 'non-compliant material' (naming both HHC isomers); unlawful acts

Source

https://le.utah.gov/Session/2025/bills/introduced/HB0054S03.pdf

Retrieved

2026-07-19

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4-41-102(18) "Non-compliant material" means: (a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0.3% tetrahydrocannabinol or greater by dry weight; (b) a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level; and (c) a cannabinoid product containing any of the following: (i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 54763-99-4; (ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 51768-60-6; (iii) delta-9-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS# 23132-17-4; (iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS# 23050-54-6; (v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS# 36403-91-5; or (vi) 9(r)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS# 36403-90-4. 4-41-105(2)(a) It is unlawful for any person to: (i) distribute, sell, or market a cannabinoid product that is: (A) not registered with the department under Section 4-41-104; or (B) non-compliant material; (ii) except as provided in Subsection (2)(b), transport into or out of the state extracted material or final product that contains 0.3% or more of total THC and any THC analog; (iii) sell or use a cannabinoid product that is: (A) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403; (B) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or (C) smokable flower; or (iv) knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog in the course of business to an individual who is not at least 21 years old.

Instrument

Unlawful acts (registration, adulterant/non-compliant ban, smokable-flower ban, 21+)

Source

https://le.utah.gov/xcode/Title4/Chapter41/4-41-S105.html

Retrieved

2026-07-02

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4-41-105. Unlawful acts. (Effective 5/6/2026)

(1) It is unlawful for a person to handle, process, or market living industrial hemp plants, viable hemp seeds, leaf materials, or floral materials derived from industrial hemp without the appropriate license or permit issued by the department under this chapter.

(2)
(a) It is unlawful for any person to:
(i) distribute, sell, or market a cannabinoid product that is:
(A) not registered with the department under Section 4-41-104; or
(B) noncompliant material;
(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted material or final product that contains 0.3% or more of total THC and any THC analog;
(iii) sell or use a cannabinoid product that is:
(A) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
(B) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
(C) smokable flower;
(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog in the course of business to an individual who is not at least 21 years old; or
(v) delay or deny an inspection authorized under this chapter.
(b) A person may transport transportable industrial hemp concentrate if the person:
(i) complies with rules created by the department under Section 4-41-103.1 related to transportable industrial hemp concentrate; and
(ii)
(A) has a cannabinoid processor license; or
(B) the equivalent to a cannabinoid processor license from another state.

(3) The department may seize and destroy non-compliant material.

(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any provision of this title.

Instrument

4-41-403. Standards for registration.

Source

https://le.utah.gov/xcode/Title4/Chapter41/4-41-S403.html

Retrieved

2026-07-18

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(1)(a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (i) to determine standards for a registered cannabinoid product, including standards for: (A) testing to ensure the product is safe for human consumption; and (B) accurate labeling; (ii) governing an entity that manufactures cannabinoid products, including standards for health and safety; (iii) to determine when and how a cannabinoid processor's cannabinoid must be tested by the department at the expense of the cannabinoid processor; (iv) regarding what constitutes: (A) a conventional food or beverage; and (B) a product that is marketed or manufactured to be enticing to children; (v) regarding any other issue the department considers necessary for the safe production and sale of cannabinoid products; and (vi) for a cannabinoid product that is not in an oil based suspension, prohibiting a serving size that is less than the full portion of a discrete unit of the cannabinoid product. (1)(b) Notwithstanding Subsection (1)(a), the department may not prohibit a sugar coating on a cannabinoid product to mask the product's taste, subject to the limitations described in Subsection (1)(a)(iv) or (v). (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to immediately ban or limit the presence of any substance in a cannabinoid product after receiving a recommendation to do so from a public health authority as defined in Section 26B-1-102. (3) The department shall set a fine of not more than $5,000 for a person who sells a cannabinoid product that is not registered by the department.