58-37-403. Exemption for possession or distribution of a cannabinoid product, expanded cannabinoid product, or transportable industrial hemp concentrate.
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Effective 5/6/2026
58-37-403. Exemption for possession or distribution of a cannabinoid product, expanded cannabinoid product, or transportable industrial hemp concentrate.
(1)As used in this section:
(a)"Cannabinoid product" means a product intended for human ingestion that:
(i)contains an extract or concentrate that is obtained from cannabis; and
(ii)contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
(b)"Cannabis" means any part of the plant cannabis sativa, whether growing or not.
(c)"Expanded cannabinoid product" means a product intended for human ingestion that:
(i)contains an extract or concentrate that is obtained from cannabis; and
(ii)contains less than 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
(d)"Transportable industrial hemp concentrate" means any amount of a natural cannabinoid in a purified state that:
(i)is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;
(ii)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; and
(iii)has a THC and THC analog concentration total less than 20% when concentrated from the cannabis plant to the purified state.
(e)"Tetrahydrocannabinol" means a substance derived from cannabis that meets the description in Subsection 58-37-108(2)(a)(iii)(AA) .
(2)Notwithstanding any other provision of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, an individual who possesses or distributes a cannabinoid product or an expanded cannabinoid product is not subject to the penalties described in this title or Title 76, Chapter 18, Drug Offenses, for the possession or distribution of marijuana or tetrahydrocannabinol to the extent that the individual's possession or distribution of the cannabinoid product or expanded cannabinoid product complies with Section 26B-4-212 .
(3)Notwithstanding any other provision of this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, a person who possesses and distributes transportable industrial hemp concentrate is not subject to the penalties described in this chapter or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the possession or distribution of transportable industrial hemp concentrate if the transportable industrial hemp concentrate is handled in accordance with the rules established under Subsection 4-41-103.1(1)(e) or is destroyed.
Renumbered and Amended by Chapter 362 , 2026 General Session