Is Delta 8 THC Legal in Utah?

Delta 8 THC is not allowed in the State of Utah.  Unlike CBD, Delta 8 is psychoactive and will get you high. Learn about the legalities of buying and selling Delta 8 in this article!

Delta 9 & Delta 10 Utah Restrictions

Since Utah has strict rules against Tetrahydrocannabinol (THC) Products, it is believed that Delta 10 falls outside of legalities within the state and is therefore unlawful.  However, what does the law say about Delta 9 THC?  Well, we look to the federal Farm Bill of 2018 which allows Delta-9 THC up to the .3% as measured on a dry weight basis.  With that added measurement capability, it is possible to get a good Delta 9 price for products which do both: provide the desired euphoric effects and is legal.

However, when it comes to the Delta 8 type of THC, we need to look further to learn what the laws in Utah say about this particular cannbinoid.
  

No, Delta 8 THC is not legal in the State of Utah.

In Utah, Delta 8 is not allowed. According to state law, Delta 8 is not legal in Utah. Though, Delta 8 is federally legal due the the 2018 US Farm Bill which made industrial hemp-derived products like CBD and Delta 8 THC legal (as long as the Delta 9 contents remain under the .3% Delta-9 THC threshold), some US States like Utah have their own laws regarding these products in the State.

Current Utah Delta-8 Legislation

Utah law legalizes hemp, but fails to include Delta-8-THC in its definition of exemptions as a Controlled Substance.

In Chapter 37 Utah Controlled Substances Act, it provides the following definition:

for use or possession of marijuana or tetrahydrocannabinol, the marijuana or tetrahydrocannabinol is one of the following in an amount that does not exceed the legal
dosage limit:
(A) unprocessed cannabis in a medicinal dosage form; or
(B) a cannabis product in a medicinal dosage form; and
(ii) for use or possession of marijuana drug paraphernalia, the paraphernalia is a medical cannabis device.

Utah has legalized hemp and some of its derivatives broadly, as outlined in the Controlled Substances Act. Despite this, Utah does not legalize tetrahydrocannabinols unless the user obtains a medical marijuana card. Delta-8-THC is considered a Controlled Substance according to this legislation without exception.

Utah Industrial Hemp Act

The Industrial Hemp Program allows the Department of Agriculture and Food to grow industrial hemp for research purposes. 

List of controlled substances

Delta 8 is not legal in the state of Utah, as it falls under their current Controlled Substances Act. Utah does not make exceptions in its Controlled Substances Act for hemp-derived Delta 8, so those seeking to purchase or consume the cannabinoid will be subject to the same restrictions as any other illegal substance.

Buying and Shipping Delta 8 in Utah

Since Delta 8 is illegal in the State of Utah, residents can not buy Delta 8-THC products with a shipping address located in the state. Again, Delta-8 THC is not allowed in the State.

Border States to Utah:

Idaho, Wyoming, Colorado, Arizona, and Nevada

Advocacy Groups in Utah Supporting Delta 8 and Hemp Laws

Utahans are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Truce Utah

Utah Cannabis Association

Utah Patients Coalition

News stories covering raids or busts on Delta 8 Products and stores in Utah

2/11/2022

Cannabis bills ban synthetic THC, allow for post-surgery access

2/9/2022

Utah Cannabinoid Product Board takes a stance on delta-8 THC

10/15/2021

Some Utah cannabis patients swear off Delta-8 THC

2/16/2021

USDA Finalizes Hemp Regulations