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.
Terms Used In Utah Code 4-41-105
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
Non-compliant material: means :
(a)
a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. 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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. 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
(2)
It is unlawful for any person to:
(a)
distribute, sell, or market a cannabinoid product that is:
(i)
not registered with the department under Section 4-41-104; or
(ii)
noncompliant material;
(b)
transport into or out of the state extracted material or final product that contains 0.3% or more of total THC;
(c)
sell or use a cannabinoid product that is:
(i)
added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
(ii)
marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
(iii)
smokable flower; or
(d)
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.
(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.
