February 21, 2021 5 min read

Hemp and hemp-derived cannabinoids are legal according to federal law, but every state governs hemp differently. Is Delta-8-THC legal in Utah?

Unfortunately, no.

All tetrahydrocannabinols (including Delta-8-THC) are considered Controlled Substances in Utah. That means that like neighboring states Arizonaand Nevada, you probably can’t access Delta-8 in Utah.

Here’s what you should know about Utah’s Delta 8 laws:

Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Table of Contents
Delta-8-THC and Federal Laws
Utah Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Utah?
Delta-8-THC Possession Limits in Utah
Is Delta-9-THC Legal in Utah?
Where to Buy Delta-8 in Utah
Is Delta-8 Legal in All 50 States?
Resources

Key Takeaways

  • Delta-8 is a cannabinoid derived from legal hemp, and is therefore legal according to federal legislation.
  • Utah has not made any exceptions for hemp-derived THC, so Delta-8 is still technically classified as a Controlled Substance in the State.
  • Because Delta-8-THC is a Controlled Substance in Utah, it’s not easily accessible in stores.
  • In legal areas, many people buy Delta-8-THC products made from hemp online.

Delta 8 THC and Federal Laws

Delta 8's federal status is confusing at first glance. Technically, Delta-8-THC has been listed as a Schedule I substance alongside Delta-9-THC for well over a decade.

More recently, however, the Hemp Farming Act of 2018 was signed into law. Under this legislation, hemp containing less than 0.3% Delta-9-THC became legal, as did any cannabinoids, extracts, or isomers derived from the legal hemp material.

In fact, Section 12619b of the 2018 Hemp Farming Act specifically addresses tetrahydrocannabinols in hemp. By extension of this new law, Delta-8-THC was legal, or so it seemed.

Here's the catch:

Most of the legal Delta-8 products on the market are made by "synthesizing" CBD. While federal hemp legislation currently allows the production and sale of naturally derived cannabinoids, it specifically prohibits all synthesized cannabinoids.

So where does this put Delta-8-THC, considering it is both a naturally occurring cannabinoid and can be synthesized from legal CBD?

To understand, you need to take a look at the method used to turn CBD into Delta 8, which is vastly different from the complex process that is generally used to create synthetic cannabinoids.

The conversion process between CBD and Delta 8 relies on a transfer of isomers, a process called isomerization, between the two cannabinoids. This means that Delta-8-THC technically exists as a hemp "isomer," which is covered by hemp's legal definition according to the 2018 law.

In other words, Delta-8 is made from hemp and considered to be a naturally occurring part of the hemp plant.

The types of cannabinoids that the DEA typically carve out as “synthetic” are liquid agents that are frequently applied to plant material, like K2 and Spice. Legal forms of synthetic cannabinoids, such as Marinol, also exist as prescription pharmaceuticals. Unlike Delta-8-THC, these substances are purely synthetic and made in a lab without the use of plant material.

Of course, laws regarding cannabinoids are still subject to change as hemp regulations are ironed out by both the DEA and FDA. For now, Delta 8 maintains a federally legal status, but state laws still may pose limitations on Delta-8-THC access.

Hemp flower just before harvest, the only federally legal source of Delta-8-THC products.

Utah Delta 8 THC Laws

Utah updated their hemp laws in response to federal updates to the Farm Bill. Like many other states, Utah has legalized hemp on a broad scale, which means that many hemp constituents (like CBD) are legal in the state.

Unfortunately, Utah fails to make any exception for hemp-derived tetrahydrocannabinols in its Controlled Substances Act. The legislation reads that all isomers of THC are considered Controlled Substances, which means that Delta-8-THC is not legal in Utah.

Here are some snippets from the state laws:

RULE R68-22. INDUSTRIAL HEMP RESEARCH.

R68-22-2. Definitions.

As in effect on October 1, 2019

(6) “Industrial Hemp”: means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

CHAPTER 37 - UTAH CONTROLLED SUBSTANCES ACT

Subsection 58-37-4(2)(a)(iii)

(AA) Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: ∆1 cis or trans tetrahydrocannabinol, and their optical isomers ∆6 cis or trans tetrahydrocannabinol, and their optical isomers ∆3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered;

Is Delta-8 a Controlled Substance in Utah?

Yes. Utah does not make any exceptions for hemp-derived cannabinoids in the Controlled Substances Act, which is usually the defining factor in states where Delta 8 is legal. All tetrahydrocannabinols and its optical isomers are Controlled Substances in Utah.

Delta 8 THC Possession Limits in Utah

Because Delta-8 is illegal in Utah, there are no defined possession limits for the cannabinoid.

Is Cannabis (Delta 9 THC) Legal in Utah?

Utah voters approved Proposition 2 in 2018, which set the stage for legal medicinal cannabis in the state. Qualifying patients can access medical marijuana on a limited basis, but recreational cannabis is still illegal.

Illegal possession of cannabis can be charged with a Class B misdemeanor, which carries a sentence of up to 6 months in jail and/or fines of up to $1,000.

Where to Buy Delta 8 in Utah?

Delta-8 vaporizers, a popular product style that's available in areas where Delta-8-THC is legal.

Delta-8-THC is illegal in Utah and cannot be legally purchased in the state.

In places where Delta-8-THC is legal (like in neighboring state Wyoming), many people prefer to shop online. It's advisable to proceed with caution when choosing a Delta-8 distributor. Shopping online allows you to buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.

At Bloom Society, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.

Is Delta 8 Legal in All 50 States?

Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is illegal in Utah according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.

Resources

  1. “H.R.5485 - Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “Drug Fact Sheet: K2/Spice” https://www.dea.gov/sites/default/files/2020-06/K2-spice-2020.pdf
  3. “MARINOL” https://www.accessdata.fda.gov/drugsatfda_docs/label/2006/018651s025s026lbl.pdf

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