Except as provided in Subsection (4), a retailer permittee of the department may market or sell a cannabinoid product or a viable industrial hemp seed.
Terms Used In Utah Code 4-41-103.3
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; and
(d)
does not exceed a total of THC and any THC analog that is greater than:
Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. See Utah Code 4-41-102
Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
Person: means :
(a)
an individual, partnership, association, firm, trust, limited liability company, or corporation; and
(b)
an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
(2)
A person seeking an industrial hemp retailer permit shall provide to the department:
(a)
the name of the person that is seeking to market or sell a cannabinoid product or a viable industrial hemp seed;
(b)
the address of each location where a cannabinoid product or a viable industrial hemp seed will be sold; and
(c)
written consent allowing a representative of the department to enter all premises where the person is selling a cannabinoid product or a viable industrial hemp seed for the purpose of:
(i)
conducting a physical inspection; or
(ii)
ensuring compliance with the requirements of this chapter.
(3)
The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp retailer permit.
(4)
Any marketing for a cannabinoid product or a viable industrial hemp seed shall include a notice to consumers that the product is hemp and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.
Amended by Chapter 146, 2023 General Session Amended by Chapter 327, 2023 General Session
