Superseded 7/1/2026
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/ut/title-4/chapter-41/7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
Superseded 7/1/2026
4-41-102. Definitions.
As used in this chapter:
(1)"Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to human health, including:
(a)pesticides;
(b)heavy metals;
(c)solvents;
(d)microbial life;
(e)artificially derived cannabinoids;
(f)toxins; or
(g)foreign matter.
(a)"Artificially derived cannabinoid" means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substances derived from the cannabis plant.
(b)"Artificially derived cannabinoid" does not include:
(i)a naturally occurring chemical substance that is separated from the cannabis plant by a chemical or mechanical extraction process; or
(ii)cannabinoids that are produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.
(3)"Cannabidiol" or "CBD" means the cannabinoid identified as CAS# 13956-29-1.
(4)"Cannabidiolic acid" or "CBDA" means the cannabinoid identified as CAS# 1244-58-2.
(5)"Cannabinoid processor license" means a license that the department issues to a person for the purpose of processing a cannabinoid product.
(6)"Cannabinoid product" means a product that:
(a)contains or is represented to contain one or more naturally occurring cannabinoids;
(b)contains less than the cannabinoid product THC level, by dry weight;
(c)contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;
(d)does not exceed a total of THC and any THC analog that is greater than:
(i)5 milligrams per serving; and
(ii)150 milligrams per package; and
(e)unless the product is in an oil based suspension, has a serving size that:
(i)is an integer; and
(ii)is a discrete unit of the cannabinoid product.
(7)"Cannabinoid product class" means a group of cannabinoid products that:
(a)have all ingredients in common; and
(b)are produced by or for the same company.
(8)"Cannabinoid product THC level" means a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis if laboratory testing confirms a result within a measurement of uncertainty that includes the combined concentration of 0.3%.
(9)"Cannabis" means the same as that term is defined in Section 26B-4-201 .
(10)"Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.
(11)"Hazardous waste laws" means:
(a)federal and state laws, rules, and regulations related to hazardous waste;
(b)the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; and
(c)Title 19, Chapter 6, Part 5, Solid Waste Management Act.
(12)"Industrial hemp" means any part of a cannabis plant, whether growing or not, with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
(13)"Industrial hemp producer registration" means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product.
(a)"Industrial hemp product" means a product made by processing industrial hemp plants or industrial hemp parts.
(b)"Industrial hemp product" does not include cannabinoid material or a cannabinoid product.
(15)"Industrial hemp retailer permit" means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product.
(16)"Key participant" means any of the following:
(a)a licensee;
(b)an operation manager;
(c)a site manager; or
(d)an employee who has access to any industrial hemp material with a THC concentration above 0.3%.
(17)"Licensee" means a person possessing a cannabinoid processor license that the department issues under this chapter.
(18)"Newly identified cannabinoid" means a cannabinoid that:
(a)is not expressly identified by chemical name or CAS number in this chapter; and
(b)is identified by the department under Section 4-41-405 .
(19)"Non-compliant material" means:
(a)a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0.3% tetrahydrocannabinol or greater by dry weight;
(b)a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level; and
(c)a cannabinoid product containing any of the following:
(i)delta-9-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 54763-99-4;
(ii)delta-8-tetrahydrocannabiphorol (THCP), the cannabinoid identified as CAS# 51768-60-6;
(iii)delta-9-tetrahyrdocannabinol
(THC)acetate, the cannabinoid identified as CAS# 23132-17-4;
(iv)delta-8-tetrahydrocannabinol
(THC)acetate, the cannabinoid identified as CAS# 23050-54-6;
(v)9(s)-hexahydrocannabinol (HHC), the cannabinoid identified as CAS# 36403-91-5; or
(vi)9(r)-hexahyrdocannabinol (HHC), the cannabinoid identified as CAS# 36403-90-4.
(20)"Permittee" means a person possessing a permit that the department issues under this chapter.
(21)"Person" means:
(a)an individual, partnership, association, firm, trust, limited liability company, or corporation; and
(b)an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation.
(22)"Retailer permittee" means a person possessing an industrial hemp retailer permit that the department issues under this chapter.
(23)"Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3.
(a)"THC analog" means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC.
(b)"THC analog" does not include the following substances or the naturally occurring acid forms of the following substances:
(i)cannabichromene (CBC), the cannabinoid identified as CAS# 20675-51-8;
(ii)cannabicyclol (CBL), the cannabinoid identified as CAS# 21366-63-2;
(iii)cannabidiol (CBD), the cannabinoid identified as CAS# 13956-29-1;
(iv)cannabidivarol (CBDV), the cannabinoid identified as CAS# 24274-48-4;
(v)cannabielsoin (CBE), the cannabinoid identified as CAS# 52025-76-0;
(vi)cannabigerol (CBG), the cannabinoid identified as CAS# 25654-31-3;
(vii)cannabigerovarin (CBGV), the cannabinoid identified as CAS# 55824-11-8;
(viii)cannabinol (CBN), the cannabinoid identified as CAS# 521-35-7 ;
(ix)cannabivarin (CBV), the cannabinoid identified as CAS# 33745-21-0; or
(x)delta-9-tetrahydrocannabivarin (THCV), the cannabinoid identified as CAS# 31262-37-0.
(25)"Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol and cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)".
(26)"Total tetrahydrocannabinol" or "total THC" means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0.877)".
(27)"Transportable industrial hemp concentrate" means any amount of a natural cannabinoid in a purified state that:
(a)is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;
(b)is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0.3% on a dry weight basis;
(c)has a THC and THC analog concentration total that is less than 20% when concentrated from the cannabis plant to the purified state; and
(d)is intended to be processed into a cannabinoid product.
Amended by Chapter 421 , 2026 General Session