Is Delta 8 THC Legal in Utah?
NO - Delta 8 THC is Not Legal in Utah
Delta 8 THC is not legal in Utah. According to Utah law, the sale, use, and possession of hemp-derived Delta 8 THC are prohibited in the state. Delta 8 THC is classified as a Schedule I controlled substance within Utah.
Legal Status of Delta 8 THC in Utah
Delta 8 THC's legal status in Utah is specifically addressed by the state's controlled substances act. In Utah, Delta 8 THC is classified as a controlled substance under Utah Code Ann. § 58-37-4. This classification means that the manufacture, distribution, or possession of Delta 8 THC is illegal within the state.
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;
The classification of Delta 8 THC as a Schedule I controlled substance is consistent with the state's strict stance on psychoactive cannabinoids that are similar to Delta 9 THC, the primary psychoactive component of marijuana. While some states have taken a more lenient approach to hemp-derived cannabinoids following the federal legalization of hemp under the 2018 Farm Bill, Utah maintains a conservative stance, regulating all forms of THC, including Delta 8 THC, under its controlled substances laws.
It's important to note that while the 2018 Farm Bill federally legalized hemp and hemp-derived products containing less than 0.3% Delta 9 THC on a dry weight basis, it left the regulation of cannabinoids, such as Delta 8 THC, to individual states. As a result, the legality of Delta 8 THC varies widely across the United States, with some states allowing its sale and use, while others, like Utah, have explicitly banned it.
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