December 29, 2020 6 min read

A map showing Utah and surrounding states

The 2018 Farm Bill seemed to legalize hemp and CBD across the country, but not every state saw it so clearly. CBD legislation was left up to each individual state, and not every state was quick to act.

So, is CBD legal in Utah? And if so, where can you find it?

Luckily, the Beehive State joined neighboring states in 2018 when they passed medical marijuana legislation and simultaneously legalized access to hemp-derived products.

CBD is legal in Utah, but the state has tight restrictions on the types of products that can be made with CBD.

To find out what’s legal and what’s not, check out Utah CBD laws:

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 products just after the 2018 Farm Bill passed into law. Now, certain types of CBD products can be made and sold in the state.

You don’t need a prescription to access approved products in Utah, and the state has no age limits for buying CBD, but vendors may require you to be 21 or older.

The state has stricter testing requirements than many other states, and does require testing for potency and contaminants. This may help protect consumers who purchase CBD in Utah, but you should still learn to carefully vet your CBD brand before you buy.

Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to Utah to buyers aged 18 and up.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

That’s not all—

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

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

What are the CBD laws in Utah?

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?

In theory, CBD should be accessible to people of all ages, especially since it originally gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

However, CBD age limits are scarcely defined by state law, and there are no age limits set by the state of Utah. Instead, the minimum age for purchase is often decided by the vendor. The legal age for buying tobacco has been increased to 21, and it's possible that most CBD vendors will require buyers to meet this minimum age requirement as well.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Utah.

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.

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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