12-20 15:58 H.B. 54
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Hemp Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
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LONG TITLE
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Committee Note:
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The Natural Resources, Agriculture, and Environment Interim Committee recommended
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this bill.
7 Legislative Vote:16 voting for0 voting against3 absent
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General Description:
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This bill amends provisions related to hemp products and regulation.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ amends provisions related to THC analogs;
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▸ prohibits certain cannabinoids from being used in cannabinoid products;
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▸ removes background check requirements for cannabinoid processor licenses;
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▸ requires industrial hemp retailers to maintain a video surveillance system;
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▸ requires a person to have a cannabis processor license to transport hemp concentrate; and
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▸ removes the requirement that certain cannabinoid products be in a medicinal dosage form.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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4-41-102, as last amended by Laws of Utah 2024, Chapter 35
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4-41-103.2, as last amended by Laws of Utah 2023, Chapter 146
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4-41-103.3, as last amended by Laws of Utah 2023, Chapters 146, 327
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4-41-105, as last amended by Laws of Utah 2024, Chapter 35
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58-37-3.6, as last amended by Laws of Utah 2024, Chapter 35
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58-85-102, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
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77-39-101, as last amended by Laws of Utah 2024, Chapter 35 H.B. 54 12-20 15:58
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 4-41-102 is amended to read:
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4-41-102 . Definitions.
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As used in this chapter:
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(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
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injurious to human health, including:
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(a) pesticides;
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(b) heavy metals;
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(c) solvents;
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(d) microbial life;
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(e) artificially derived cannabinoids;
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(f) toxins; or
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(g) foreign matter.
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(2)(a) "Artificially derived cannabinoid" means a chemical substance that is created by
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a chemical reaction that changes the molecular structure of any chemical substances
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derived from the cannabis plant.
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(b) "Artificially derived cannabinoid" does not include:
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(i) a naturally occurring chemical substance that is separated from the cannabis plant
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by a chemical or mechanical extraction process; or
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(ii) cannabinoids that are produced by decarboxylation from a naturally occurring
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cannabinoid acid without the use of a chemical catalyst.
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(3) "Cannabidiol" or "CBD" means the cannabinoid identified as CAS# 13956-29-1.
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(4) "Cannabidiolic acid" or "CBDA" means the cannabinoid identified as CAS# 1244-58-2.
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(5) "Cannabinoid processor license" means a license that the department issues to a person
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for the purpose of processing a cannabinoid product.
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(6) "Cannabinoid product" means a product that:
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(a) contains or is represented to contain one or more naturally occurring cannabinoids;
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(b) contains less than the cannabinoid product THC level, by dry weight;
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(c) contains a combined amount of total THC and any THC analog that does not exceed
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10% of the total cannabinoid content;
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(d) does not exceed a total of THC and any THC analog that is greater than:
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(i) 5 milligrams per serving; and
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(ii) 150 milligrams per package; and
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(e) unless the product is in an oil based suspension, has a serving size that:
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(i) is an integer; and
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(ii) is a discrete unit of the cannabinoid product.
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(7) "Cannabinoid product class" means a group of cannabinoid products that:
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(a) have all ingredients in common; and
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(b) are produced by or for the same company.
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(8) "Cannabinoid product THC level" means a combined concentration of total THC and
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any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a
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result within a measurement of uncertainty that includes the combined concentration of
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0.3%.
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(9) "Cannabis" means the same as that term is defined in Section 26B-4-201.
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(10) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as
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CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.
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(11) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with a
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concentration of less than 0.3% tetrahydrocannabinol by dry weight.
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(12) "Industrial hemp producer registration" means a registration that the department issues
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to a person for the purpose of processing industrial hemp or an industrial hemp product.
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(13) "Industrial hemp retailer permit" means a permit that the department issues to a retailer
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who sells any viable industrial hemp seed or cannabinoid product.
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(14)(a) "Industrial hemp product" means a product made by processing industrial hemp
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plants or industrial hemp parts.
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(b) "Industrial hemp product" does not include cannabinoid material.
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(15) "Key participant" means any of the following:
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(a) a licensee;
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(b) an operation manager;
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(c) a site manager; or
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(d) an employee who has access to any industrial hemp material with a THC
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concentration above 0.3%.
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(16) "Licensee" means a person possessing a cannabinoid processor license that the
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department issues under this chapter.
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(17) "Non-compliant material" means:
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(a) a hemp plant that does not comply with this chapter, including a cannabis plant with
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a concentration of 0.3% tetrahydrocannabinol or greater by dry weight;[ and]
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(b) a cannabinoid product, chemical, or compound with a concentration that exceeds the
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cannabinoid product THC level[.] ; and
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(c) a cannabinoid product containing any of the following:
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(i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
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54763-99-4;
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(ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
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51768-60-6;
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(iii) delta-9-tetrahyrdocannabinol (THC) acetate, the cannabinoid identified as CAS#
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23132-17-4;
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(iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS#
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23050-54-6;
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(v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS#
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36403-91-5; or
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(vi) 9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS#
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36403-90-4.
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(18) "Permittee" means a person possessing a permit that the department issues under this
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chapter.
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(19) "Person" means:
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(a) an individual, partnership, association, firm, trust, limited liability company, or
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corporation; and
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(b) an agent or employee of an individual, partnership, association, firm, trust, limited
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liability company, or corporation.
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(20) "Retailer permittee" means a person possessing an industrial hemp retailer permit that
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the department issues under this chapter.
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(21) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the
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cannabinoid identified as CAS# 1972-08-3.
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(22)(a) "THC analog" means a substance that is structurally or pharmacologically
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substantially similar to, or is represented as being similar to, delta-9-THC.
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(b) "THC analog" does not include the following substances or the naturally occurring
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acid forms of the following substances:
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(i) cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8;
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(ii) cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2;
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(iii) cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1;
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(iv) cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4;
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(v) cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0;
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(vi) cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3;
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(vii) cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8;
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(viii) cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7;
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(ix) cannabicitran (CBTC), the cannabinoid identified as CAS# 31508-71-1;
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[(ix)] (x) cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or
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[(x)] (xi) delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS#
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31262-37-0.
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(23) "Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol and
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cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)".
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(24) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined
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amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC =
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delta-9-THC + (THCA x 0.877)".
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(25) "Transportable industrial hemp concentrate" means any amount of a natural
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cannabinoid in a purified state that:
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(a) is the product of any chemical or physical process applied to naturally occurring
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biomass that concentrates or isolates the cannabinoids contained in the biomass;
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(b) is derived from a cannabis plant that, based on sampling that was collected no more
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than 30 days before the day on which the cannabis plant was harvested, contains a
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combined concentration of total THC and any THC analog of less than 0.3% on a dry
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weight basis;
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(c) has a THC and THC analog concentration total that is less than 20% when
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concentrated from the cannabis plant to the purified state; and
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(d) is intended to be processed into a cannabinoid product.
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Section 2. Section 4-41-103.2 is amended to read:
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4-41-103.2 . Cannabinoid processor license.
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(1) The department or a licensee of the department may process a cannabinoid product.
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(2) A person seeking a cannabinoid processor license shall provide to the department:
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(a) the legal description and global positioning coordinates sufficient for locating the
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facility the person uses to process industrial hemp; and
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(b) written consent allowing a representative of the department and local law
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enforcement to enter all premises where the person processes or stores industrial
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hemp for the purpose of:
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(i) conducting a physical inspection; or
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(ii) ensuring compliance with the requirements of this chapter.
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(3) An individual who has been convicted of a drug-related felony within the last 10 years
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is not eligible to obtain a cannabinoid processor license.
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(4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
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application for a cannabinoid processor license.
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(5) A licensee may only market a cannabinoid product that the licensee processes.
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[(6)(a) Each applicant for a license to process cannabinoid products shall submit to the
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department, at the time of application, from each key participant:]
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[(i) a fingerprint card in a form acceptable to the Department of Public Safety;]
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[(ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
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registration of the individual's fingerprints in the Federal Bureau of Investigation Next
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Generation Identification System's Rap Back Service; and]
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[(iii) consent to a fingerprint background check by:]
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[(A) the Bureau of Criminal Identification; and]
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[(B) the Federal Bureau of Investigation.]
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[(b) The Bureau of Criminal Identification shall:]
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[(i) check the fingerprints the applicant submits under Subsection (6)(a) against the
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applicable state, regional, and national criminal records databases, including the Federal
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Bureau of Investigation Next Generation Identification System;]
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[(ii) report the results of the background check to the department;]
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[(iii) maintain a separate file of fingerprints that applicants submit under Subsection (6)(a)
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for search by future submissions to the local and regional criminal records databases,
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including latent prints;]
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[(iv) request that the fingerprints be retained in the Federal Bureau of Investigation Next
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Generation Identification System's Rap Back Service for search by future submissions to
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national criminal records databases, including the Next Generation Identification System
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and latent prints; and]
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[(v) establish a privacy risk mitigation strategy to ensure that the department only receives
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notifications for an individual with whom the department maintains an authorizing
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relationship.]
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[(c) The department shall:]
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[(i) assess an individual who submits fingerprints under Subsection (6)(a) a fee in an
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amount that the department sets in accordance with Section 63J-1-504 for the services
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that the Bureau of Criminal Identification or another authorized agency provides under
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this section; and]
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[(ii) remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal Identification.]
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Section 3. Section 4-41-103.3 is amended to read:
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4-41-103.3 . Industrial hemp retailer permit.
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(1) Except as provided in Subsection [(4)] (5), a retailer permittee of the department may
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market or sell a cannabinoid product or a viable industrial hemp seed.
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(2) A person seeking an industrial hemp retailer permit shall provide to the department:
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(a) the name of the person that is seeking to market or sell a cannabinoid product or a
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viable industrial hemp seed;
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(b) the address of each location where a cannabinoid product or a viable industrial hemp
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seed will be sold; and
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(c) written consent allowing a representative of the department to enter all premises
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where the person is selling a cannabinoid product or a viable industrial hemp seed for
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the purpose of:
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(i) conducting a physical inspection; or
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(ii) ensuring compliance with the requirements of this chapter.
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(3) Beginning January 1, 2026, an industrial hemp retailer permittee shall:
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(a) maintain a video surveillance system that:
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(i) is able to monitor who purchases a cannabinoid product from the permittee;
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(ii) is tamper proof; and
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(iii) stores a video record for at least 45 days; and
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(b) provide the department access to the video surveillance system upon request.
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[(3)] (4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
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application for an industrial hemp retailer permit.
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[(4)] (5) Any marketing for a cannabinoid product or a viable industrial hemp seed shall
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include a notice to consumers that the product is hemp and is not cannabis or medical
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cannabis, as those terms are defined in Section 26B-4-201.
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Section 4. Section 4-41-105 is amended to read:
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4-41-105 . Unlawful acts.
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(1) It is unlawful for a person to handle, process, or market living industrial hemp plants,
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viable hemp seeds, leaf materials, or floral materials derived from industrial hemp
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without the appropriate license or permit issued by the department under this chapter.
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(2)(a) It is unlawful for any person to:
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(i) distribute, sell, or market a cannabinoid product that is:
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(A) not registered with the department under Section 4-41-104; or
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(B) noncompliant material;
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(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted
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material or final product that contains 0.3% or more of total THC and any THC
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analog;
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(iii) sell or use a cannabinoid product that is:
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(A) added to a conventional food or beverage, as the department further defines in
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rules described in Section 4-41-403;
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(B) marketed or manufactured to be enticing to children, as further defined in
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rules described in Section 4-41-403; or
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(C) smokable flower; or
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(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC
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or a THC analog in the course of business to an individual who is not at least 21
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years old.
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(b) A person may transport transportable industrial hemp concentrate if the person:
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(i) complies with rules created by the department under Section 4-41-103.1 related to
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transportable industrial hemp concentrate; and
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(ii)(A) has [an industrial hemp producer registration] a cannabinoid processor
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license; or
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(B) the equivalent to [an industrial hemp producer registration] a cannabinoid
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processor license from another state.
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(3) The department may seize and destroy non-compliant material.
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(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any
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provision of this title.
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Section 5. Section 58-37-3.6 is amended to read:
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58-37-3.6 . Exemption for possession or distribution of a cannabinoid product,
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expanded cannabinoid product, or transportable industrial hemp concentrate.
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(1) As used in this section:
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(a) "Cannabinoid product" means a product intended for human ingestion that:
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(i) contains an extract or concentrate that is obtained from cannabis; and
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[(ii) is prepared in a medicinal dosage form; and]
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[(iii)] (ii) contains at least 10 units of cannabidiol for every one unit of
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tetrahydrocannabinol.
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(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
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[(c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.]
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[(d)] (c) "Expanded cannabinoid product" means a product intended for human ingestion
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that:
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(i) contains an extract or concentrate that is obtained from cannabis; and
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[(ii) is prepared in a medicinal dosage form; and]
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[(iii)] (ii) contains less than 10 units of cannabidiol for every one unit of
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tetrahydrocannabinol.
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[(e) "Hemp cannabinoid product" means a product that:]
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[(i) contains or is represented to contain one or more naturally occurring cannabinoids;]
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[(ii) contains less than the cannabinoid product THC level, by dry weight;]
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[(iii) contains a combined amount of total THC and any THC analog that does not
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exceed 10% of the total cannabinoid content;]
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[(iv) does not exceed a total of THC and any THC analog that is greater than five
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milligrams per serving and 150 milligrams per package; and]
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[(v) unless the product is in an oil based suspension, has a serving size that is an integer.]
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[(f)] (d) "Transportable industrial hemp concentrate" means any amount of a natural
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cannabinoid in a purified state that:
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(i) is the product of any chemical or physical process applied to naturally occurring
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biomass that concentrates or isolates the cannabinoids contained in the biomass;
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(ii) is derived from a cannabis plant that, based on sampling that was collected no
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more than 30 days before the day on which the cannabis plant was harvested,
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contains a combined concentration of total THC and any THC analog of less than
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0.3% on a dry weight basis; and
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(iii) has a THC and THC analog concentration total less than 20% when concentrated
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from the cannabis plant to the purified state.
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[(g) "Medicinal dosage form" means:]
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[(i) a tablet;]
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[(ii) a capsule;]
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[(iii) a concentrated oil;]
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[(iv) a liquid suspension;]
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[(v) a transdermal preparation; or]
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[(vi) a sublingual preparation.]
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[(h)] (e) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
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description in Subsection 58-37-4(2)(a)(iii)(AA).
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(2) Notwithstanding any other provision of this chapter an individual who possesses or
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distributes a cannabinoid product or an expanded cannabinoid product is not subject to
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the penalties described in this title for the possession or distribution of marijuana or
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tetrahydrocannabinol to the extent that the individual's possession or distribution of the
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cannabinoid product or expanded cannabinoid product complies with [Title 26B,
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Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis] Section 26B-4-212.
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(3) Notwithstanding any other provision of this chapter, a person who possesses and
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distributes transportable industrial hemp concentrate is not subject to the penalties
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described in this chapter for the possession or distribution of transportable industrial
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hemp concentrate if the transportable industrial hemp concentrate is handled in
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accordance with the rules established under Subsection 4-41-103.1(1)(e) or is destroyed.
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Section 6. Section 58-85-102 is amended to read:
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58-85-102 . Definitions.
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As used in this chapter:
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(1) "Eligible patient" means an individual who has been diagnosed with a terminal illness
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by a physician.
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(2) "Insurer" means the same as that term is defined in Section 31A-1-301.
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(3) "Investigational device" means a device that:
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(a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
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(b) has successfully completed the United States Food and Drug Administration Phase 1
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testing for an investigational device described in 21 C.F.R. Part 812.
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(4) "Investigational drug" means a drug that:
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(a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
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(b) has successfully completed the United States Food and Drug Administration Phase 1
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testing for an investigational new drug described in 21 C.F.R. Part 312.
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(5) "Medicinal dosage form" [means the same as that term is defined in Section 58-37-3.6.]
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means:
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(a) a tablet;
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(b) a capsule;
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(c) a concentrated oil;
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(d) a liquid suspension;
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(e) a transdermal preparation; or
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(f) a sublingual preparation.
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(6) "Physician" means an individual who is licensed under:
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(a) Title 58, Chapter 67, Utah Medical Practice Act; or
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(b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
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(7) "Terminal illness" means a condition of a patient that:
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(a) as determined by a physician:
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(i) is likely to pose a greater risk to the patient than the risk posed to the patient by
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treatment with an investigational drug or investigational device; and
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(ii) will inevitably lead to the patient's death; and
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(b) presents the patient, after the patient has explored conventional therapy options, with
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no treatment option that is satisfactory or comparable to treatment with an
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investigational drug or device.
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Section 7. Section 77-39-101 is amended to read:
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77-39-101 . Investigation of sales of alcohol, tobacco products, electronic
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cigarette products, nicotine products, and cannabinoid products to underage individuals.
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(1) As used in this section:
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(a) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.
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(b) "Electronic cigarette product" means the same as that term is defined in Section
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76-10-101.
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(c) "Nicotine product" means the same as that term is defined in Section 76-10-101.
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(d) "Peace officer" means the same as the term is described in Section 53-13-109.
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(e) "Tobacco product" means the same as that term is defined in Section 76-10-101.
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(2)(a) A peace officer may investigate the possible violation of:
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(i) Section 32B-4-403 by requesting an individual under 21 years old to enter into
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and attempt to purchase or make a purchase of alcohol from a retail establishment;
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(ii) Section 76-10-114 by requesting an individual under 21 years old to enter into
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and attempt to purchase or make a purchase from a retail establishment of:
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(A) a tobacco product;
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(B) an electronic cigarette product; or
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(C) a nicotine product; or
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(iii) Subsection [4-41-105(2)(d)] 4-41-105(2)(a)(iv) by requesting an individual under
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21 years old to enter into and attempt to purchase or make a purchase of a
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cannabinoid product that contains THC or a THC analog from a retail
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establishment.
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(b) A peace officer who is present at the site of a proposed purchase shall direct,
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supervise, and monitor the individual requested to make the purchase.
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(c) Immediately following a purchase or attempted purchase or as soon as practical the
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supervising peace officer shall inform the cashier and the proprietor or manager of
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the retail establishment that the attempted purchaser was under the legal age to
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purchase:
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(i) alcohol;
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(ii)(A) a tobacco product;
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(B) an electronic cigarette product; or
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(C) a nicotine product; or
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(iii) a cannabinoid product that contains THC or a THC analog.
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(d) If a citation or information is issued, the citation or information shall be issued
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within seven days after the day on which the purchase occurs.
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(3)(a) If an individual under 18 years old is requested to attempt a purchase, a written
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consent of that individual's parent or guardian shall be obtained before the individual
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participates in any attempted purchase.
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(b) An individual requested by the peace officer to attempt a purchase may:
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(i) be a trained volunteer; or
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(ii) receive payment, but may not be paid based on the number of successful
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purchases of alcohol, tobacco products, electronic cigarette products, nicotine
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products, or cannabinoid products that contain THC or a THC analog.
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(4) The individual requested by the peace officer to attempt a purchase and anyone
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accompanying the individual attempting a purchase may use false identification in
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attempting the purchase if:
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(a) the Department of Public Safety created in Section 53-1-103 provides the false
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identification;
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(b) the false identification:
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(i) accurately represents the individual's age; and
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(ii) displays a current photo of the individual; and
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(c) the peace officer maintains possession of the false identification at all times outside
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the attempt to purchase.
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(5) An individual requested to attempt to purchase or make a purchase pursuant to this
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section is immune from prosecution, suit, or civil liability for the purchase of, attempted
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purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product,
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a nicotine product, or a cannabinoid product that contains THC or a THC analog if a
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peace officer directs, supervises, and monitors the individual.
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(6)(a) Except as provided in Subsection (6)(b), a purchase attempted under this section
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shall be conducted within a 12-month period:
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(i) on a random basis at any one retail establishment location, not more often than
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four times for the attempted purchase of alcohol;
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(ii) a minimum of two times at a retail establishment that sells tobacco products,
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electronic cigarette products, or nicotine products for the attempted purchase of a
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tobacco product, an electronic cigarette product, or a nicotine product; and
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(iii) a minimum of one time at a retail establishment that sells a cannabinoid product
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that contains THC or a THC analog.
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(b) This section does not prohibit an investigation or an attempt to purchase alcohol, a
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tobacco product, an electronic cigarette product, or a nicotine product under this
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section if:
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(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
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tobacco product, an electronic cigarette product, a nicotine product, or a
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cannabinoid product that contains THC or a THC analog to an individual under
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the age established by Section 32B-4-403, Section76-10-114, or Subsection
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4-41-105(2)(d); and
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(ii) the supervising peace officer makes a written record of the grounds for the
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reasonable suspicion.
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(7)(a) The peace officer exercising direction, supervision, and monitoring of the
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attempted purchase shall make a report of the attempted purchase, whether or not a
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purchase was made.
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(b) The report required by this Subsection (7) shall include:
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(i) the name of the supervising peace officer;
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(ii) the name of the individual attempting the purchase;
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(iii) a photograph of the individual attempting the purchase showing how that
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individual appeared at the time of the attempted purchase;
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(iv) the name and description of the cashier or proprietor from whom the individual
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attempted the purchase;
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(v) the name and address of the retail establishment; and
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(vi) the date and time of the attempted purchase.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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