With marijuana laws changing very frequently these days, one needs to be up to date when it comes to the places where you can buy and use weed legally in the United States so you don’t get into trouble.
While consuming and selling THC rich products isn’t legal under federal law, CBD and CBD products with up to 0.3% THC are legal to cultivate and sell. If you’re wondering specifically about the regulations when it comes to selling CBD and CBD products in Utah, that’s exactly what we’ll go over in this article.
What Is CBD?
CBD, short for cannabidiol, is one of the main cannabinoids found in cannabis. After tetrahydrocannabinol (THC), it’s the second most important cannabinoid that has many therapeutic benefits.
It’s often consumed by medical marijuana users for its anti-inflammatory, anti-anxiety, analgesic, and seizure-suppressant properties, which is why CBD is mostly used for treating conditions like epilepsy, depression, anxiety, chronic pain, and others. Sources of CBD include both hemp plants and marijuana plants.
History of CBD Legality in the US
In 1970, the Federal Controlled Substances Act prohibited the use of all types of cannabis by defining it as a Schedule I substance that had a high potential for abuse with a likelihood for addiction and no accepted medical use. And until the 21st century, the use of cannabis and cannabis-derived products was forbidden under federal law.
That all changed with the 2018 Farm Bill. This bill made hemp-cultivation federally legal and created a distinction between hemp and marijuana. According to the bill, CBD derived from hemp with less than 0.3% THC can be legally cultivated.
The Farm Bill gave the Food and Drug Administration (FDA) the power to regulate the labels of CBD products as well as the use of CBD as a food additive. Moreover, no claims can be made on the label about CBD having medical benefits and it can’t be marketed as a dietary supplement or legally added to food and beverages. Also, the label shouldn’t say that the product can diagnose, treat, or cure any disease.
States may regulate how CBD is used in food, supplements, and cosmetic products. One of these states that have special regulations concerning the use of CBD is Utah.
Is CBD Oil Legal in Utah?
Under House Bill 3001, hemp-derived cannabidiol oil and CBD products that contain less than 0.3% THC are legal to obtain in Utah for people over the age of 18.
Medical marijuana, on the other hand, can only be provided to patients with qualifying medical conditions who have a valid medical marijuana card. In Utah, the recreational use of cannabis is still illegal.
All hemp growers, sellers, and processors need to have a legal license and provide proper testing samples of their products. The products that contain food or beverages together with CBD can’t be licensed by the state.
Utah CBD Laws and the Legality Concerning Possession of CBD
The House Bill 3001, passed in December 2018, legalized the production and sale of industrial hemp-derived CBD products. Hemp-derived CBD can be used by both medical and recreational users older than 18. These high-quality CBD products are available in dispensaries which offer a variety of capsules, tinctures, lotions, edibles, and balms. Manufacturers need to provide a sample for testing as well as register with the state’s agricultural board.
The Utah Medical Cannabis Act allowed medical marijuana to be used by terminally ill patients. Before the bill, patients needed to have a hemp extract registration card in order to be able to buy CBD products.
When it comes to possession of hemp-derived CBD, Utah doesn’t have laws concerning the amount, so you can have as much as you want. On the other hand, CBD products derived from marijuana have possession limits. Only patients with qualifying medical conditions with a letter of recommendation by a healthcare provider or a medical marijuana card may obtain a maximum of 30-day supply.
Utah CBD Licensing Requirements
The Utah Department of Agriculture and Food is responsible for the licenses of all hemp growers, processors, and sellers. Applicants for the license need to have a clean record with no drug felonies or misdemeanors after December 2018. Anyone holding more than 2% voting power in the business needs to be disclosed in the application. Anyone who violates the law will be subject to a fine ranging from $100 to $5,000.
The CBD products that are produced need to be tested and labeled in state facilities and the quantity of all cannabinoids including CBD and THC needs to be verified. The analysis also checks for contaminants, fungus, and mold.
Where Can You Buy CBD Oil and CBD Products in Utah
CBD oil derived from marijuana can only be purchased from legal dispensaries and only with a patient registration card, or a recommendation by a healthcare provider.
On the other hand, CBD hemp oil can be purchased without a prescription from many retailers, local pharmacies, and also health food stores that sell CBD products. It’s always good to buy CBD from licensed sellers since these retailers have products that conform to legal requirements. You can find CBD in pills, oils, capsules, topicals, lozenges, and other hemp-derived marijuana products.
You could also buy CBD products online, but you need to check if your desired products are in line with Utah state requirements. If they aren’t, you won’t be able to order from that particular online store.
CBD Labels and Packaging
The FDA requires all involved in the CBD market to label their products accordingly and they should contain:
- A list of ingredients;
- Amount of CBD per serving and suggested use;
- Net weight;
- The name of the manufacturer and distributor;
- Batch or date code;
- Whether the product is full-spectrum CBD, broad-spectrum CBD, or CBD isolate.
Final Thoughts on Selling CBD in Utah
If you’re thinking about starting to sell CBD in Utah, the good thing is that you can. Under the House Bill 3001 passed in December 2018, industrial hemp-derived CBD products can be cultivated and legally sold in pharmacies, health food stores, and by local retailers.
Everyone participating in the CBD market, including growers, processors, and sellers, must abide by the laws concerning the packaging and labeling of all CBD products. Each product needs to be tested in state labs and the company needs to have a license issued by the Utah Department of Agriculture and Food in order to be eligible to sell CBD products. People who have been charged with drug felonies or misdemeanors after December 2018 aren’t eligible to apply for a license.
Another option would be selling through an online store and those too need to comply with the regulations and laws in each state in order to be able to ship their products to the desired location.