The Agriculture Improvement Act of 2018 (2018 Farm Bill) legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act (CSA) and by providing a detailed framework for the cultivation of hemp. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA.
This federal and state interplay has resulted in many legislative and regulatory changes at the state level. Indeed, most states have introduced (and adopted) bills that would authorize the commercial production of hemp within their borders. A smaller but growing number of states also regulate the sale of products derived from hemp. Our attorneys track these developments in real time on behalf of multiple clients, and we provide those clients with a 50-state matrix showing “green-“, “yellow-” and “red-” light states with respect to production, distribution and sale of hemp and CBD products.
In light of the rapidly evolving legislative changes, we are also presenting a 50-state series analyzing how each jurisdiction treats hemp-derived cannabidiol (Hemp CBD). Today we turn to Utah.
Utah’s got a pretty interesting stance when it comes to hemp and Hemp CBD. The state has an industrial hemp program for cultivation overseen by the Utah Department of Agriculture and Food (UDAF). UDAF’s industrial hemp program allows for the cultivation and processing of hemp by licensed entities.
There are specific sets of rules for both growers and processors. There are also permit requirements to transport hemp in Utah. These rules require pretty standard things like sampling, testing, etc. Interestingly, Utah has not submitted a hemp production plan to the USDA and, according to the USDA’s website, will continue to operate under the 2014 Farm Bill for the time being. Since the 2014 Farm Bill expires later this year, it’s not clear what Utah will do after that, but it’s likely that the state will just opt for producers to obtain federal licenses.
When it comes to Hemp CDB, the state is fairly open. There are specific rules regarding labeling and testing. The labeling rules are some of the more robust rules in the country and require QR codes linking to testing results, as well as a host of other information. In Utah, some Hemp CBD products may be sold, but a prerequisite is registration with the UDAF, which publishes a list of registered products here. So Utah is in many senses more friendly to Hemp CBD than many other states.
For additional updates on changes to Utah hemp and Hemp CBD laws, please stay tuned to the Canna Law Blog. For previous coverage in this series, check out the links below: