Is CBD Legal in Utah?

by Kat Austin December 29, 2020 6 min read

Is CBD Legal in Utah? - VO Inc

CBD is everywhere, but is CBD legal in Utah?

Yes, CBD is legal in Utah, but with strict regulations. Since 2018, the state has allowed hemp-derived products like CBD oil, gummies, and CBD cigarettes, while requiring compliance with safety and labeling standards. CBD manufacturing in Utah also requires a state-issued hemp license.

Here's what you need to know about Utah CBD laws and how to buy CBD in Utah:

Table of Contents
Legal Concerns About CBD
What are the CBD laws in Utah?
Is full spectrum CBD legal in Utah?
Does Utah have a CBD possession limit?
Do you need a prescription for CBD in Utah?
Where to buy CBD in Utah?
Do you have to be 21 to buy CBD in Utah?
Is CBD legal in all 50 states?
Resources

Disclaimer: We’re always working to stay informed on the latest CBD 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.

Key Takeaways

 

  • Utah legalized hemp-derived CBD products after the 2018 Farm Bill, allowing the sale of certain CBD items without a prescription.
  • There are no age limits for buying CBD in Utah, but many vendors require buyers to be 21 or older.
  • Utah imposes strict testing requirements for potency and contaminants, ensuring higher quality CBD products, though consumers should still carefully vet brands.

 

 

Legal Concerns About CBD

A map showing Utah and surrounding states

CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.

Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.

Federal guidelines apply, but you must also follow your state's specific CBD regulations.

Two bottles of CBD, which can be made and sold according to Utah's industry standards.

What are the CBD laws in Utah?

Utah legalized hemp-derived CBD products with less than 0.3% THC through HB 3001 in 2018, imposing strict testing requirements while allowing certain CBD products like oils and capsules but prohibiting items such as CBD vapes, edibles, and hemp flower.

Here are the details:

Utah updated hemp legislation around the same time as nearby states, like Colorado and Nevada, just weeks after the 2018 Farm Bill passed into law. The main goal of HB 3001, enacted on December 3, 2018, was to legalize medical cannabis in the state. The bill was multifunctional however and also reclassified hemp as a separate entity from cannabis.

The new definition effectively legalized CBD oil products that contain less than 0.3% THC, placing the Utah Department of Agriculture in charge of licensing and regulation.

The state has some of the stricter testing requirements in the country, and requires manufacturers to provide information regarding cannabinoid potency, as well as pesticide, heavy metals, and other contaminants.

The Department of Agriculture's website reveals that only these types of CBD products are approved in the state:

  • Capsules
  • Tablets
  • Oral liquids
  • Topicals
  • Concentrated Oil
  • Rectangular or Cubed Gummies
  • Sublingual Oils

The state prohibits various kinds of CBD consumables, including:

  • CBD inhalers and vapes
  • CBD Chocolate Bars/Candy
  • CBD Baked Goods (Food additive)
  • Hemp Leafs to Blend in Smoothies (Food additive)
  • Hemp Flower
  • CBD Water/ Sports Drinks

Utah isn’t alone in these restrictions. Various other states, like Iowa, Georgia, and North Carolina prohibit both hemp flower and CBD vaporizers. Additionally, even more states (see Washington, New Hampshire, Michigan, Massachusetts, or Minnesota) prohibit CBD edibles.

Is full spectrum CBD legal in Utah?

It’s easy to assume that CBD isolate, which contains no THC, is legal in most places. Laws surrounding full spectrum products that contain some amount of THC are not always so clear. Utah law allows for CBD products to contain up to 0.3% THC, which means full spectrum CBD products are legal in the state.

Does Utah have a CBD possession limit?

Utah does not have a possession limit for products derived from industrial hemp that meet state and federal regulations. Products with a higher THC content may only be available through the state’s medical cannabis program, but these products are subject to different rules and possession limits.

Do you need a prescription for CBD in Utah?

There is no need for a prescription to access CBD products in Utah. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in Utah?

A glass bottle of CBD oil, which can be legally found in stores and online in Utah.

Utah allows manufacturers to sell a variety of different CBD products in the state, but restricts certain types of edibles, beverages, and various other products. You may find CBD in local health stores and grocery markets, but it’s important to carefully review brands before you buy.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Do you have to be 21 to buy CBD in Utah?

CBD is generally accessible to people of all ages, but certain products like smokable hemp flower or vaporizers may not be suitable for minors.

Utah law doesn't set specific age limits for buying CBD, so the minimum age is often decided by vendors, with many requiring buyers to be 21. However, many online CBD brands ship legal products to Utah for customers aged 18 and up.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Utah, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

FAQ - Is CBD Legal in Utah?

Is recreational CBD legal in Utah?

Yes, recreational CBD is legal in Utah as long as it is derived from hemp and contains less than 0.3% THC.

Can you take CBD on a plane to Utah?

Yes, you can fly with CBD products to Utah, as long as they meet federal requirements (hemp-derived and under 0.3% THC).

In which states is CBD still illegal?

CBD is legal in most states, but a few states have stricter regulations or bans, like Idaho and Nebraska.

Are edibles legal in Utah?

Yes, but only certain CBD edibles like rectangular or cubed gummies are legal. Other edibles like CBD-infused baked goods are prohibited.

Can you fly with edibles into Utah?

You can bring legal CBD edibles into Utah, but they must comply with state and federal regulations (under 0.3% THC).

Why is Delta 9 legal in Utah?

Delta-9 THC is legal in Utah if derived from hemp and contains less than 0.3% THC, aligning with federal law.

Resources

  1. “Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “HB 3001” https://le.utah.gov/~2018s3/bills/static/HB3001.html
  3. “Utah Industrial Hemp Program” https://ag.utah.gov/industrialhempprogram/

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