Is Delta-8 THC Legal in Utah?

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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.

Summary

Delta-8 THC seems to be illegal in Utah. But many people report being able to buy delta-8 products without many issues.

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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’ll 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 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

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.