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Although the laws aren’t 100% clear, delta-8 THC appears to be illegal in Utah. Still, we’ve heard reports of people buying delta 8 products in local shops and or ordering it online, as well as possible legislative changes from the state’s Department of Agriculture.
Here’s a detailed breakdown of delta 8 legality in the Beehive State.
If you want to buy high-quality delta 8 THC products, we recommend Extract Labs. It’s a transparent brand that provides up-to-date potency and contaminant third-party lab test results, which are crucial for getting a safe and effective delta 8 product.
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Utah Delta-8 THC Laws
Although hemp products are legal in Utah, the state considers all tetrahydrocannabinols (THC) a controlled substance:
(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…
Utah Controlled Substances Act
Since delta-8 is a form of THC, this ruling should make it illegal in Utah.
On top of that, the Utah Cannabinoid Product Board took a stance against delta-8 THC in February 2022. The board’s chairman Dr. Perry Fine stated that “Risks have been described by federal regulatory bodies and peer reviewed publications regarding delta-8 THC…At this time, we do not support any therapeutic uses of analog cannabis products.” But this decision doesn’t hold any legislative power.
Despite this, we’ve heard reports of some online delta 8 vendors that ship to Utah, as well as people buying delta 8 products from unlicensed Utah shops. For example, an August 2022 news story mentions WB’s Eatery, a local Utah business that openly sells delta 8 products.
We’ve also heard from a local business that Utah’s Department of Agriculture allows companies to register delta 8 products and will soon release new guidelines allowing for products containing up to 10% THC. We will keep this post updated with any news.
What is Delta-8 THC?
Delta 8 is one of many forms of tetrahydrocannabinol (THC), the intoxicating component of cannabis. Unlike delta-9 THC, its most common form, delta-8 levels in cannabis are very low.
Similar to delta 9, delta 8 THC can get you high, cause euphoria, relaxation, and other effects. But research shows that it’s significantly weaker than its cousin (1).
Why Delta-8 THC is Federally Legal
Delta 8 is legal on the federal level thanks to a loophole in the 2018 Farm Bill. The bill legalized hemp products, limiting them to a maximum of 0.3% delta-9 THC.
Since this limit doesn’t extend to other types of THC, hemp-derived delta-8 THC is legal under the bill.
Delta 8 is derived through a chemical process from CBD, the most abundant cannabinoid in hemp.
Other States Where Delta-8 THC is Illegal
Each state has the power to create its own laws for delta 8 THC.
Delta-8 THC is currently illegal in 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.
The Future of Delta 8 in Utah
For now, delta 8 remains illegal in Utah. But the state’s Department of Agriculture may release new guidelines allowing for products with up to 10% THC; we’ll have to wait and see.
Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.