4-41-102.  Definitions.
     As used in this chapter:

(1)  “Adulterant” means any poisonous or deleterious substance in a quantity that may be injurious to human health, including:

Terms Used In Utah Code 4-41-102

  • Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
  • 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:
(i) 5 milligrams per serving; and
(ii) 150 milligrams per package. See Utah Code 4-41-102
  • CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • 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 laboratory permit: means a permit that the department issues to a laboratory qualified to test industrial hemp. See Utah Code 4-41-102
  • Industrial hemp product: means a product made by processing industrial hemp plants or industrial hemp parts. 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
  • Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
  • THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102
  • 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. See Utah Code 4-41-102
  • (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.

    (3)  “Cannabidiol” or “CBD” means the cannabinoid identified as CAS# 13956-29-1.

    (4)  “Cannabidiolic acid” or “CBDA” means the cannabinoid identified as CAS# 1244-58-2.

    (5)  “Cannabinoid processor license” means a license that the department issues to a person for the purpose of processing a cannabinoid product.

    (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; and

    (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.

    (7)  “Cannabinoid product class” means a group of cannabinoid products that:

    (a)  have all ingredients in common; and

    (b)  are produced by or for the same company.

    (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%.

    (9)  “Delta-9-tetrahydrocannabinol” or “delta-9-THC” means the cannabinoid identified as CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.

    (10)  “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.

    (11)  “Industrial hemp laboratory permit” means a permit that the department issues to a laboratory qualified to test industrial hemp.

    (12)  “Industrial hemp producer registration” means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product.

    (13)  “Industrial hemp retailer permit” means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product.

    (14) 

    (a)  “Industrial hemp product” means a product made by processing industrial hemp plants or industrial hemp parts.

    (b)  “Industrial hemp product” does not include cannabinoid material.

    (15)  “Key participant” means any of the following:

    (a)  a licensee;

    (b)  an operation manager;

    (c)  a site manager; or

    (d)  an employee who has access to any industrial hemp material with a THC concentration above 0.3%.

    (16)  “Laboratory permittee” means a person possessing an industrial hemp laboratory permit that the department issues under this chapter.

    (17)  “Licensee” means a person possessing a cannabinoid processor license that the department issues under this chapter.

    (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; and

    (b)  a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level.

    (19)  “Permittee” means a person possessing a permit that the department issues under this chapter.

    (20)  “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.

    (21)  “Retailer permittee” means a person possessing an industrial hemp retailer permit that the department issues under this chapter.

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

    (23) 

    (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.

    (24)  “Total cannabidiol” or “total CBD” means the combined amounts of cannabidiol and cannabidiolic acid, calculated as “total CBD = CBD + (CBDA x 0.877)”.

    (25)  “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)”.

    Amended by Chapter 146, 2023 General Session