01-23 14:48 1st Sub. (Buff) H.B. 54
Jennifer Dailey-Provost proposes the following substitute bill:
1
Hemp Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jennifer Dailey-Provost
2
3
LONG TITLE
4
General Description:
5
This bill amends provisions related to hemp products and regulation.
6
Highlighted Provisions:
7
This bill:
8
▸ defines terms;
9
▸ prohibits certain cannabinoids from being used in cannabinoid products;
10
▸ allows the Department of Agriculture and Food to limit certain types of cannabinoids that
11
are found in a cannabinoid product;
12
▸ removes background check requirements for cannabinoid processor licenses;
13
▸ requires industrial hemp retailers to maintain a video surveillance system;
14
▸ amends provisions related to cannabinoid product enforcement;
15
▸ requires a person to have a cannabis processor license to transport hemp concentrate; and
16
▸ removes the requirement that certain cannabinoid products be in a medicinal dosage form.
17
Money Appropriated in this Bill:
18
None
19
Other Special Clauses:
20
None
21
Utah Code Sections Affected:
22
AMENDS:
23
4-41-102, as last amended by Laws of Utah 2024, Chapter 35
24
4-41-103.2, as last amended by Laws of Utah 2023, Chapter 146
25
4-41-103.3, as last amended by Laws of Utah 2023, Chapters 146, 327
26
4-41-105, as last amended by Laws of Utah 2024, Chapter 35
27
4-41-404, as last amended by Laws of Utah 2019, Chapter 23
28
58-37-3.6, as last amended by Laws of Utah 2024, Chapter 35
29
58-85-102, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
30
63N-3-1301, as enacted by Laws of Utah 2024, Chapter 35 1st Sub. (Buff) H.B. 54 01-23 14:48
31
77-39-101, as last amended by Laws of Utah 2024, Chapter 35
32
ENACTS:
33
4-41-405, Utah Code Annotated 1953
34
35
Be it enacted by the Legislature of the state of Utah:
36
Section 1. Section 4-41-102 is amended to read:
37
4-41-102 . Definitions.
38
As used in this chapter:
39
(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be
40
injurious to human health, including:
41
(a) pesticides;
42
(b) heavy metals;
43
(c) solvents;
44
(d) microbial life;
45
(e) artificially derived cannabinoids;
46
(f) toxins; or
47
(g) foreign matter.
48
(2)(a) "Artificially derived cannabinoid" means a chemical substance that is created by a
49
chemical reaction that changes the molecular structure of any chemical substances
50
derived from the cannabis plant.
51
(b) "Artificially derived cannabinoid" does not include:
52
(i) a naturally occurring chemical substance that is separated from the cannabis plant
53
by a chemical or mechanical extraction process; or
54
(ii) cannabinoids that are produced by decarboxylation from a naturally occurring
55
cannabinoid acid without the use of a chemical catalyst.
56
(3) "Cannabidiol" or "CBD" means the cannabinoid identified as CAS# 13956-29-1.
57
(4) "Cannabidiolic acid" or "CBDA" means the cannabinoid identified as CAS# 1244-58-2.
58
(5) "Cannabinoid processor license" means a license that the department issues to a person
59
for the purpose of processing a cannabinoid product.
60
(6) "Cannabinoid product" means a product that:
61
(a) contains or is represented to contain one or more naturally occurring cannabinoids;
62
(b) contains less than the cannabinoid product THC level, by dry weight;
63
(c) contains a combined amount of total THC and any THC analog that does not exceed
64
10% of the total cannabinoid content;
- 2 - 01-23 14:48 1st Sub. (Buff) H.B. 54
65
(d) does not exceed a total of THC and any THC analog that is greater than:
66
(i) 5 milligrams per serving; and
67
(ii) 150 milligrams per package; and
68
(e) unless the product is in an oil based suspension, has a serving size that:
69
(i) is an integer; and
70
(ii) is a discrete unit of the cannabinoid product.
71
(7) "Cannabinoid product class" means a group of cannabinoid products that:
72
(a) have all ingredients in common; and
73
(b) are produced by or for the same company.
74
(8) "Cannabinoid product THC level" means a combined concentration of total THC and
75
any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a
76
result within a measurement of uncertainty that includes the combined concentration of
77
0.3%.
78
(9) "Cannabis" means the same as that term is defined in Section 26B-4-201.
79
(10) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as
80
CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.
81
(11) "Industrial hemp" means any part of a cannabis plant, whether growing or not, with a
82
concentration of less than 0.3% tetrahydrocannabinol by dry weight.
83
(12) "Industrial hemp producer registration" means a registration that the department issues
84
to a person for the purpose of processing industrial hemp or an industrial hemp product.
85
(13)(a) "Industrial hemp product" means a product made by processing industrial hemp
86
plants or industrial hemp parts.
87
(b) "Industrial hemp product" does not include cannabinoid material or a cannabinoid
88
product.
89
[(13)] (14) "Industrial hemp retailer permit" means a permit that the department issues to a
90
retailer who sells any viable industrial hemp seed or cannabinoid product.
91
[(14)(a) "Industrial hemp product" means a product made by processing industrial hemp
92
plants or industrial hemp parts.]
93
[(b) "Industrial hemp product" does not include cannabinoid material.]
94
(15) "Key participant" means any of the following:
95
(a) a licensee;
96
(b) an operation manager;
97
(c) a site manager; or
98
(d) an employee who has access to any industrial hemp material with a THC
- 3 - 1st Sub. (Buff) H.B. 54 01-23 14:48
99
concentration above 0.3%.
100
(16) "Licensee" means a person possessing a cannabinoid processor license that the
101
department issues under this chapter.
102
(17) "Newly identified cannabinoid" means a cannabinoid that:
103
(a) is not expressly identified by chemical name or CAS number in this chapter; and
104
(b) is identified by the department under Section 4-41-405.
105
[(17)] (18) "Non-compliant material" means:
106
(a) a hemp plant that does not comply with this chapter, including a cannabis plant with
107
a concentration of 0.3% tetrahydrocannabinol or greater by dry weight;[ and]
108
(b) a cannabinoid product, chemical, or compound with a concentration that exceeds the
109
cannabinoid product THC level[.] ; and
110
(c) a cannabinoid product containing any of the following:
111
(i) delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
112
54763-99-4;
113
(ii) delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS#
114
51768-60-6;
115
(iii) delta-9-tetrahyrdocannabinol (THC) acetate, the cannabinoid identified as CAS#
116
23132-17-4;
117
(iv) delta-8-tetrahydrocannabinol (THC) acetate, the cannabinoid identified as CAS#
118
23050-54-6;
119
(v) 9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS#
120
36403-91-5; or
121
(vi) 9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS#
122
36403-90-4.
123
[(18)] (19) "Permittee" means a person possessing a permit that the department issues under
124
this chapter.
125
[(19)] (20) "Person" means:
126
(a) an individual, partnership, association, firm, trust, limited liability company, or
127
corporation; and
128
(b) an agent or employee of an individual, partnership, association, firm, trust, limited
129
liability company, or corporation.
130
[(20)] (21) "Retailer permittee" means a person possessing an industrial hemp retailer permit
131
that the department issues under this chapter.
132
[(21)] (22) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the
- 4 - 01-23 14:48 1st Sub. (Buff) H.B. 54
133
cannabinoid identified as CAS# 1972-08-3.
134
[(22)] (23)(a) "THC analog" means a substance that is structurally or pharmacologically
135
substantially similar to, or is represented as being similar to, delta-9-THC.
136
(b) "THC analog" does not include the following substances or the naturally occurring
137
acid forms of the following substances:
138
(i) cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8;
139
(ii) cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2;
140
(iii) cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1;
141
(iv) cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4;
142
(v) cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0;
143
(vi) cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3;
144
(vii) cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8;
145
(viii) cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7;
146
(ix) cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or
147
(x) delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS#
148
31262-37-0.
149
[(23)] (24) "Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol
150
and cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)".
151
[(24)] (25) "Total tetrahydrocannabinol" or "total THC" means the sum of the determined
152
amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC =
153
delta-9-THC + (THCA x 0.877)".
154
[(25)] (26) "Transportable industrial hemp concentrate" means any amount of a natural
155
cannabinoid in a purified state that:
156
(a) is the product of any chemical or physical process applied to naturally occurring
157
biomass that concentrates or isolates the cannabinoids contained in the biomass;
158
(b) is derived from a cannabis plant that, based on sampling that was collected no more
159
than 30 days before the day on which the cannabis plant was harvested, contains a
160
combined concentration of total THC and any THC analog of less than 0.3% on a dry
161
weight basis;
162
(c) has a THC and THC analog concentration total that is less than 20% when
163
concentrated from the cannabis plant to the purified state; and
164
(d) is intended to be processed into a cannabinoid product.
165
Section 2. Section 4-41-103.2 is amended to read:
166
4-41-103.2 . Cannabinoid processor license.
- 5 - 1st Sub. (Buff) H.B. 54 01-23 14:48
167
(1) The department or a licensee of the department may process a cannabinoid product.
168
(2) A person seeking a cannabinoid processor license shall provide to the department:
169
(a) the legal description and global positioning coordinates sufficient for locating the
170
facility the person uses to process industrial hemp; and
171
(b) written consent allowing a representative of the department and local law
172
enforcement to enter all premises where the person processes or stores industrial
173
hemp for the purpose of:
174
(i) conducting a physical inspection; or
175
(ii) ensuring compliance with the requirements of this chapter.
176
(3) An individual who has been convicted of a drug-related felony within the last 10 years
177
is not eligible to obtain a cannabinoid processor license.
178
(4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
179
application for a cannabinoid processor license.
180
(5) A licensee may only market a cannabinoid product that the licensee processes.
181
[(6)(a) Each applicant for a license to process cannabinoid products shall submit to the
182
department, at the time of application, from each key participant:]
183
[(i) a fingerprint card in a form acceptable to the Department of Public Safety;]
184
[(ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
185
registration of the individual's fingerprints in the Federal Bureau of Investigation
186
Next Generation Identification System's Rap Back Service; and]
187
[(iii) consent to a fingerprint background check by:]
188
[(A) the Bureau of Criminal Identification; and]
189
[(B) the Federal Bureau of Investigation.]
190
[(b) The Bureau of Criminal Identification shall:]
191
[(i) check the fingerprints the applicant submits under Subsection (6)(a) against the
192
applicable state, regional, and national criminal records databases, including the
193
Federal Bureau of Investigation Next Generation Identification System;]
194
[(ii) report the results of the background check to the department;]
195
[(iii) maintain a separate file of fingerprints that applicants submit under Subsection
196
(6)(a) for search by future submissions to the local and regional criminal records
197
databases, including latent prints;]
198
[(iv) request that the fingerprints be retained in the Federal Bureau of Investigation
199
Next Generation Identification System's Rap Back Service for search by future
200
submissions to national criminal records databases, including the Next Generation
- 6 - 01-23 14:48 1st Sub. (Buff) H.B. 54
201
Identification System and latent prints; and]
202
[(v) establish a privacy risk mitigation strategy to ensure that the department only
203
receives notifications for an individual with whom the department maintains an
204
authorizing relationship.]
205
[(c) The department shall:]
206
[(i) assess an individual who submits fingerprints under Subsection (6)(a) a fee in an
207
amount that the department sets in accordance with Section 63J-1-504 for the
208
services that the Bureau of Criminal Identification or another authorized agency
209
provides under this section; and]
210
[(ii) remit the fee described in Subsection (6)(c)(i) to the Bureau of Criminal
211
Identification.]
212
Section 3. Section 4-41-103.3 is amended to read:
213
4-41-103.3 . Industrial hemp retailer permit.
214
(1) Except as provided in Subsection [(4)] (5), a retailer permittee of the department may
215
market or sell a cannabinoid product or a viable industrial hemp seed.
216
(2) A person seeking an industrial hemp retailer permit shall provide to the department:
217
(a) the name of the person that is seeking to market or sell a cannabinoid product or a
218
viable industrial hemp seed;
219
(b) the address of each location where a cannabinoid product or a viable industrial hemp
220
seed will be sold; and
221
(c) written consent allowing a representative of the department to enter all premises
222
where the person is selling a cannabinoid product or a viable industrial hemp seed for
223
the purpose of:
224
(i) conducting a physical inspection; or
225
(ii) ensuring compliance with the requirements of this chapter.
226
(3) Beginning January 1, 2026, an industrial hemp retailer permittee shall:
227
(a) maintain a video surveillance system that:
228
(i) is able to monitor who purchases a cannabinoid product from the permittee;
229
(ii) is tamper proof; and
230
(iii) stores a video record for at least 45 days; and
231
(b) provide the department access to the video surveillance system upon request.
232
[(3)] (4) The department may set a fee in accordance with Subsection 4-2-103(2) for the
233
application for an industrial hemp retailer permit.
234
[(4)] (5) Any marketing for a cannabinoid product or a viable industrial hemp seed shall
- 7 - 1st Sub. (Buff) H.B. 54 01-23 14:48
235
include a notice to consumers that the product is hemp and is not cannabis or medical
236
cannabis, as those terms are defined in Section 26B-4-201.
237
Section 4. Section 4-41-105 is amended to read:
238
4-41-105 . Unlawful acts.
239
(1) It is unlawful for a person to handle, process, or market living industrial hemp plants,
240
viable hemp seeds, leaf materials, or floral materials derived from industrial hemp
241
without the appropriate license or permit issued by the department under this chapter.
242
(2)(a) It is unlawful for any person to:
243
(i) distribute, sell, or market a cannabinoid product that is:
244
(A) not registered with the department under Section 4-41-104; or
245
(B) noncompliant material;
246
(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted
247
material or final product that contains 0.3% or more of total THC and any THC
248
analog;
249
(iii) sell or use a cannabinoid product that is:
250
(A) added to a conventional food or beverage, as the department further defines in
251
rules described in Section 4-41-403;
252
(B) marketed or manufactured to be enticing to children, as further defined in
253
rules described in Section 4-41-403; or
254
(C) smokable flower; or
255
(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC
256
or a THC analog in the course of business to an individual who is not at least 21
257
years old.
258
(b) A person may transport transportable industrial hemp concentrate if the person:
259
(i) complies with rules created by the department under Section 4-41-103.1 related to
260
transportable industrial hemp concentrate; and
261
(ii)(A) has [an industrial hemp producer registration] a cannabinoid processor
262
license; or
263
(B) the equivalent to [an industrial hemp producer registration] a cannabinoid
264
processor license from another state.
265
(3) The department may seize and destroy non-compliant material.
266
(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any
267
provision of this title.
268
Section 5. Section 4-41-404 is amended to read:
- 8 - 01-23 14:48 1st Sub. (Buff) H.B. 54
269
4-41-404 . Department duties.
270
The department [shall assess the fine described in Subsection 4-41-403(4) ] may take an
271
enforcement action in accordance with Section 4-41-106 against any person who offers an
272
unregistered cannabinoid product for sale in this state.
273
Section 6. Section 4-41-405 is enacted to read:
274
4-41-405 . Newly identified cannabinoid.
275
(1) For a newly identified cannabinoid, the department may:
276
(a) establish a maximum allowable concentration that a cannabinoid product may
277
contain of the newly identified cannabinoid;
278
(b) prohibit the newly identified cannabinoid from appearing in a cannabinoid product;
279
or
280
(c) modify the maximum allowable concentration described in Subsection (1)(a) as
281
necessary if it would not create a threat to public health.
282
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
283
department shall make rules to implement Subsection (1).
284
Section 7. Section 58-37-3.6 is amended to read:
285
58-37-3.6 . Exemption for possession or distribution of a cannabinoid product,
286
expanded cannabinoid product, or transportable industrial hemp concentrate.
287
(1) As used in this section:
288
(a) "Cannabinoid product" means a product intended for human ingestion that:
289
(i) contains an extract or concentrate that is obtained from cannabis; and
290
[(ii) is prepared in a medicinal dosage form; and]
291
[(iii)] (ii) contains at least 10 units of cannabidiol for every one unit of
292
tetrahydrocannabinol.
293
(b) "Cannabis" means any part of the plant cannabis sativa, whether growing or not.
294
[(c) "Drug paraphernalia" means the same as that term is defined in Section 58-37a-3.]
295
[(d)] (c) "Expanded cannabinoid product" means a product intended for human ingestion
296
that:
297
(i) contains an extract or concentrate that is obtained from cannabis; and
298
[(ii) is prepared in a medicinal dosage form; and]
299
[(iii)] (ii) contains less than 10 units of cannabidiol for every one unit of
300
tetrahydrocannabinol.
301
[(e) "Hemp cannabinoid product" means a product that:]
302
[(i) contains or is represented to contain one or more naturally occurring
- 9 - 1st Sub. (Buff) H.B. 54 01-23 14:48
303
cannabinoids;]
304
[(ii) contains less than the cannabinoid product THC level, by dry weight;]
305
[(iii) contains a combined amount of total THC and any THC analog that does not
306
exceed 10% of the total cannabinoid content;]
307
[(iv) does not exceed a total of THC and any THC analog that is greater than five
308
milligrams per serving and 150 milligrams per package; and]
309
[(v) unless the product is in an oil based suspension, has a serving size that is an
310
integer.]
311
[(f)] (d) "Transportable industrial hemp concentrate" means any amount of a natural
312
cannabinoid in a purified state that:
313
(i) is the product of any chemical or physical process applied to naturally occurring
314
biomass that concentrates or isolates the cannabinoids contained in the biomass;
315
(ii) is derived from a cannabis plant that, based on sampling that was collected no
316
more than 30 days before the day on which the cannabis plant was harvested,
317
contains a combined concentration of total THC and any THC analog of less than
318
0.3% on a dry weight basis; and
319
(iii) has a THC and THC analog concentration total less than 20% when concentrated
320
from the cannabis plant to the purified state.
321
[(g) "Medicinal dosage form" means:]
322
[(i) a tablet;]
323
[(ii) a capsule;]
324
[(iii) a concentrated oil;]
325
[(iv) a liquid suspension;]
326
[(v) a transdermal preparation; or]
327
[(vi) a sublingual preparation.]
328
[(h)] (e) "Tetrahydrocannabinol" means a substance derived from cannabis that meets the
329
description in Subsection 58-37-4(2)(a)(iii)(AA).
330
(2) Notwithstanding any other provision of this chapter an individual who possesses or
331
distributes a cannabinoid product or an expanded cannabinoid product is not subject to
332
the penalties described in this title for the possession or distribution of marijuana or
333
tetrahydrocannabinol to the extent that the individual's possession or distribution of the
334
cannabinoid product or expanded cannabinoid product complies with [Title 26B,
335
Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis] Section 26B-4-212.
336
(3) Notwithstanding any other provision of this chapter, a person who possesses and
- 10 - 01-23 14:48 1st Sub. (Buff) H.B. 54
337
distributes transportable industrial hemp concentrate is not subject to the penalties
338
described in this chapter for the possession or distribution of transportable industrial
339
hemp concentrate if the transportable industrial hemp concentrate is handled in
340
accordance with the rules established under Subsection 4-41-103.1(1)(e) or is destroyed.
341
Section 8. Section 58-85-102 is amended to read:
342
58-85-102 . Definitions.
343
As used in this chapter:
344
(1) "Eligible patient" means an individual who has been diagnosed with a terminal illness
345
by a physician.
346
(2) "Insurer" means the same as that term is defined in Section 31A-1-301.
347
(3) "Investigational device" means a device that:
348
(a) meets the definition of "investigational device" in 21 C.F.R. Sec. 812.3; and
349
(b) has successfully completed the United States Food and Drug Administration Phase 1
350
testing for an investigational device described in 21 C.F.R. Part 812.
351
(4) "Investigational drug" means a drug that:
352
(a) meets the definition of "investigational new drug" in 21 C.F.R. Sec. 312.3; and
353
(b) has successfully completed the United States Food and Drug Administration Phase 1
354
testing for an investigational new drug described in 21 C.F.R. Part 312.
355
(5) "Medicinal dosage form" [means the same as that term is defined in Section 58-37-3.6.]
356
means:
357
(a) a tablet;
358
(b) a capsule;
359
(c) a concentrated oil;
360
(d) a liquid suspension;
361
(e) a transdermal preparation; or
362
(f) a sublingual preparation.
363
(6) "Physician" means an individual who is licensed under:
364
(a) Title 58, Chapter 67, Utah Medical Practice Act; or
365
(b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
366
(7) "Terminal illness" means a condition of a patient that:
367
(a) as determined by a physician:
368
(i) is likely to pose a greater risk to the patient than the risk posed to the patient by
369
treatment with an investigational drug or investigational device; and
370
(ii) will inevitably lead to the patient's death; and
- 11 - 1st Sub. (Buff) H.B. 54 01-23 14:48
371
(b) presents the patient, after the patient has explored conventional therapy options, with
372
no treatment option that is satisfactory or comparable to treatment with an
373
investigational drug or device.
374
Section 9. Section 63N-3-1301 is amended to read:
375
63N-3-1301 . Definitions.
376
As used in this part:
377
(1) "Cannabinoid processor license" means the same as that term is defined in Section
378
4-41-102.
379
(2) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.
380
(3) "Industrial hemp product" means the same as that term is defined in Section 4-41-102.
381
(4) "Industrial hemp producer registration" means the same as that term is defined in
382
Section 4-41-102.
383
Section 10. Section 77-39-101 is amended to read:
384
77-39-101 . Investigation of sales of alcohol, tobacco products, electronic
385
cigarette products, nicotine products, and cannabinoid products to underage individuals.
386
(1) As used in this section:
387
(a) "Cannabinoid product" means the same as that term is defined in Section 4-41-102.
388
(b) "Electronic cigarette product" means the same as that term is defined in Section
389
76-10-101.
390
(c) "Nicotine product" means the same as that term is defined in Section 76-10-101.
391
(d) "Peace officer" means the same as the term is described in Section 53-13-109.
392
(e) "Tobacco product" means the same as that term is defined in Section 76-10-101.
393
(2)(a) A peace officer may investigate the possible violation of:
394
(i) Section 32B-4-403 by requesting an individual under 21 years old to enter into
395
and attempt to purchase or make a purchase of alcohol from a retail establishment;
396
(ii) Section 76-10-114 by requesting an individual under 21 years old to enter into
397
and attempt to purchase or make a purchase from a retail establishment of:
398
(A) a tobacco product;
399
(B) an electronic cigarette product; or
400
(C) a nicotine product; or
401
(iii) Subsection [4-41-105(2)(d)] 4-41-105(2)(a)(iv) by requesting an individual under
402
21 years old to enter into and attempt to purchase or make a purchase of a
403
cannabinoid product that contains THC or a THC analog from a retail
404
establishment.
- 12 - 01-23 14:48 1st Sub. (Buff) H.B. 54
405
(b) A peace officer who is present at the site of a proposed purchase shall direct,
406
supervise, and monitor the individual requested to make the purchase.
407
(c) Immediately following a purchase or attempted purchase or as soon as practical the
408
supervising peace officer shall inform the cashier and the proprietor or manager of
409
the retail establishment that the attempted purchaser was under the legal age to
410
purchase:
411
(i) alcohol;
412
(ii)(A) a tobacco product;
413
(B) an electronic cigarette product; or
414
(C) a nicotine product; or
415
(iii) a cannabinoid product that contains THC or a THC analog.
416
(d) If a citation or information is issued, the citation or information shall be issued
417
within seven days after the day on which the purchase occurs.
418
(3)(a) If an individual under 18 years old is requested to attempt a purchase, a written
419
consent of that individual's parent or guardian shall be obtained before the individual
420
participates in any attempted purchase.
421
(b) An individual requested by the peace officer to attempt a purchase may:
422
(i) be a trained volunteer; or
423
(ii) receive payment, but may not be paid based on the number of successful
424
purchases of alcohol, tobacco products, electronic cigarette products, nicotine
425
products, or cannabinoid products that contain THC or a THC analog.
426
(4) The individual requested by the peace officer to attempt a purchase and anyone
427
accompanying the individual attempting a purchase may use false identification in
428
attempting the purchase if:
429
(a) the Department of Public Safety created in Section 53-1-103 provides the false
430
identification;
431
(b) the false identification:
432
(i) accurately represents the individual's age; and
433
(ii) displays a current photo of the individual; and
434
(c) the peace officer maintains possession of the false identification at all times outside
435
the attempt to purchase.
436
(5) An individual requested to attempt to purchase or make a purchase pursuant to this
437
section is immune from prosecution, suit, or civil liability for the purchase of, attempted
438
purchase of, or possession of alcohol, a tobacco product, an electronic cigarette product,
- 13 - 1st Sub. (Buff) H.B. 54 01-23 14:48
439
a nicotine product, or a cannabinoid product that contains THC or a THC analog if a
440
peace officer directs, supervises, and monitors the individual.
441
(6)(a) Except as provided in Subsection (6)(b), a purchase attempted under this section
442
shall be conducted within a 12-month period:
443
(i) on a random basis at any one retail establishment location, not more often than
444
four times for the attempted purchase of alcohol;
445
(ii) a minimum of two times at a retail establishment that sells tobacco products,
446
electronic cigarette products, or nicotine products for the attempted purchase of a
447
tobacco product, an electronic cigarette product, or a nicotine product; and
448
(iii) a minimum of one time at a retail establishment that sells a cannabinoid product
449
that contains THC or a THC analog.
450
(b) This section does not prohibit an investigation or an attempt to purchase alcohol, a
451
tobacco product, an electronic cigarette product, or a nicotine product under this
452
section if:
453
(i) there is reasonable suspicion to believe the retail establishment has sold alcohol, a
454
tobacco product, an electronic cigarette product, a nicotine product, or a
455
cannabinoid product that contains THC or a THC analog to an individual under
456
the age established by Section 32B-4-403, Section76-10-114, or Subsection
457
4-41-105(2)(d); and
458
(ii) the supervising peace officer makes a written record of the grounds for the
459
reasonable suspicion.
460
(7)(a) The peace officer exercising direction, supervision, and monitoring of the
461
attempted purchase shall make a report of the attempted purchase, whether or not a
462
purchase was made.
463
(b) The report required by this Subsection (7) shall include:
464
(i) the name of the supervising peace officer;
465
(ii) the name of the individual attempting the purchase;
466
(iii) a photograph of the individual attempting the purchase showing how that
467
individual appeared at the time of the attempted purchase;
468
(iv) the name and description of the cashier or proprietor from whom the individual
469
attempted the purchase;
470
(v) the name and address of the retail establishment; and
471
(vi) the date and time of the attempted purchase.
472
Section 11. Effective Date.
- 14 - 01-23 14:48 1st Sub. (Buff) H.B. 54
473
This bill takes effect on May 7, 2025.
- 15 -