Is Delta 9 Legal in Utah?

With the interest of hemp and cannabis products, including Delta-9 THC piquing, it is important to understand the legality of the different cannabinoids, as each state can differ in their legal framework as it relates to cannabis. Many states, Utah included, have continued to update their legislation around cannabis and its derivatives. In this blog, we will examine the legality of Delta-9 THC in Utah.

utah mountain range with a lake in the foreground

Key Takeaways:

  • Hemp-derived delta 9 THC is legal in Utah, as long as it contains less than .3% THC (in accordance with the 2018 Farm Bill).
  • Delta 9 THC derived from Marijuana remains illegal in Utah.
  • People in Utah are able to purchase online through stores like Evn.

What is Delta 9 THC?

Delta-9 THC (short for tetrahydrocannabinol) is a compound found in the cannabis plant. Delta 9 THC, often just called “THC”, is the main cannabinoid responsible for the psychoactive effects associated with consuming cannabis products (i.e. it is what can make people feel “high”).

Delta 9 THC interacts with the body’s own endocannabinoid system and binds to receptors in the brain that can alter mood, perception, and appetite. It can cause feelings of euphoria and relaxation, though its effects are often dependent on a variety of factors including an individual’s unique biochemistry, the strain of marijuana, consumption method, and dosage.

Delta 9 THC And CBD And Federal Law

In 2018 the Farm Bill significantly impacted what cannabinoids were legal and could be sold in the U.S. Essentially, the Farm Bill update removed industrial hemp (and hemp-derived cannabinoids, including CBD, CBG, CBN, and Delta-9 THC) from the list of Controlled Substances. Industrial hemp is defined as a cannabis plant containing less than .3% THC by dry weight. If a plant contains more than .3% by weight, it is classified as marijuana. 

Again, it is important to distinguish that the Farm Bill did not legalize marijuana and marijuana-derived cannabinoids federally. While more states are legalizing marijuana and its derivatives for recreational use (in which case a medical license is not needed to purchase) each state has varying cannabis laws, so it is important to be aware of local restrictions and regulations.

Delta 9 THC Legal To Buy In Utah?

The short answer is yes, it is legal to buy Delta 9 products like Delta 9 THC gummies in Utah as log as the Delta 9 THC is sourced from hemp and contains less than .3% THC.  

Some recent amendments to Utah state laws confirmed Delta 9 THC’s legality:

  • 2016 amendments affirmed that hemp-extracted products must contain no more that .3% THC by weight, which aligns with federal law.
  • Utah also established the Hemp Extract Registry to further regulate the cultivation and distribution of hemp-derived products.

It is vital to note (again) that Delta 9 THC sourced from marijuana is illegal in Utah. Utah remains one of the states where recreational marijuana is illegal, and strict penalties are imposed if these cannabis laws are broken in Utah.

Utah’s Penalties:

"Possession of less than 1 ounce is a class B misdemeanor punishable by a maximum sentence of 6 months imprisonment and a maximum fine of $1,000. Upon a second conviction the person is guilty of a class A misdemeanor, and upon a third or subsequent conviction the person is guilty of a third degree felony

  • Utah Code Ann. § 58-7-8 (2015) 
  • Utah Code Ann. § 76-3-204 (2015) 

Possession of 1 ounce – 1 pound is a class A misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $2,500.

Possession of 1 pound -100 pounds is a third degree felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

  • Utah Code Ann. § 76-3-203 (2015) 
  • Utah Code Ann. § 76-3-301 (2015) 

Possession of 100 pounds or more is a second degree felony punishable by 1-15 years imprisonment and a maximum fine of $10,000.”

Medical Cannabis Act In Utah

Utah has enacted the Medical Cannabis Act which allow people with qualifying medical conditions to gain license and access to marijuana-derived Delta-9 THC products through state-licensed dispensaries.

Some of the qualifying medical conditions include:

“Alzheimer’s disease, Autism, Cancer, Crohn’s disease or ulcerative colitis, Epilepsy or a similar condition that causes “debilitating seizures”, Multiple sclerosis or persistent and debilitating muscle spasms,, Nausea (must be persistent), Pain lasting longer than two weeks that is not adequately managed despite treatment attempts, PTSD “that is being treated or monitored by a licensed mental health therapist”

Is Delta 9 Safe?

Although Delta-9 THC when used in small amounts and in moderation is generally considered safe, it is recommended to not drive or operate heavy machinery after consuming. It is also generally recommended to not use THC if you're nursing, pregnant, or trying to become pregnant.

Although you cannot overdose on THC, overconsumption can lead to nausea, and feelings of paranoia and anxiety. This can be referred to as “greening out”.

Where to Buy Delta 9 in Utah

The good news is you have options to buy Delta 9 in Utah. One option is to buy hemp-derived Delta 9 online. Some smoke shops that sell hemp-derived products like CBD may also sell hemp-derived Delta 9 THC (though purchasing online may be the easier option). Alternatively, if you have any of the qualifying medical conditions listed above, you can apply for a medical license and purchase Delta 9 THC at state-licensed dispensaries in Utah.

At Evn, we create high-performance, third party-tested, hemp-derived products, including our Live Rosin Delta 9 Gummies, made from single-strain, solventless hemp rosin. We simply use pressure and heat to make the extract, which is then infused into our gummies. And fret not - we deliver nation-wide, including to Utah!

Disclaimers: The information provided in this blog and by this website is for general informational purposes only. It is not intended to be professional medical advice, a medical diagnosis, or medical treatment. Please consult your health practitioner with any questions you have regarding a medical condition. 

Cannabis laws in the U.S. are continually shifting; therefore, the information in this article is subject to change. The information in this article does not constitute legal advice, and no entity at Evn-cbd is claiming to provide legal advice. Please visit your official state website for more information on your state’s cannabis laws and regulations.

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a flowering cannabis plant with a fluorescent light shining on it
a field of industrial hemp