Utah Code 4-41-402. Cannabinoid sales and use authorized

4-41-402. Cannabinoid sales and use authorized.

(1)

The sale or use of a cannabinoid product is prohibited:

Terms Used In Utah Code 4-41-402

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

Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109

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

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

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

except as provided in this chapter; or

(b)	unless the United States Food and Drug Administration approves the product.

(2)	The department shall keep a list of registered cannabinoid products that the department has determined, in accordance with Section 4-41-403, are safe for human consumption.

(3)

(a)	A person may sell or use a cannabinoid product that is in the list of registered cannabinoid products described in Subsection (2).

(b)

An individual may use cannabidiol or a cannabidiol product that is not in the list of registered cannabinoid products described in Subsection (2) if:

(i)	the individual purchased the product outside the state; and

(ii)	the product’s contents do not violate Title 58, Chapter 37, Utah Controlled Substances Act.

(4)	Any marketing for a cannabinoid product shall include a notice to consumers that the product is hemp or CBD and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.

(5)	A cannabinoid product that is designed to be inhaled shall include a warning on the label regarding the possible health effects of inhaling cannabinoid products.

Amended by Chapter 146, 2023 General Session
Amended by Chapter 327, 2023 General Session

Previous section

Next section

Part 4 Contents