Is Delta-8 THC Legal in Utah?

While Utah restricts and regulates delta-8, reports suggest delta-8 products are freely available across the state.

Delta-8 THC flower sold in Utah
Free THC product sample
CannabinoidLegal Status in Utah
Delta-8 THCMedical Use Only
Delta-10 THCProhibited
CBDLegal
Medical MarijuanaLegal
Recreational MarijuanaProhibited

Utah prohibits delta-8, considers it a Schedule I controlled substance, and regulates delta-8 products under its medical marijuana program. This restriction and regulation of delta-8 mean the use, possession, sale, distribution, and promotion of delta-8 products are prohibited under state law but available to medical cannabis patients in licensed dispensaries. All other THC isomers are also restricted in Utah. THC isomers include delta-7, delta-10, THC-O, and HHC. 

However, there are reports of unlicensed delta-8 retail stores freely selling and distributing delta-8 products in Utah. Likewise, some online delta-8 stores still ship delta-8 products into the state.

Summary:

  • Hemp-derived delta-8 THC is prohibited in Utah under state law. 
  • The use, possession, sale, distribution, purchase, and production of delta-8 products are not permitted. Possessing any amount of delta-8 can be punishable by up to 1 year in prison.
  • Delta-10, THC-O, and HHC are also illegal. 
  • Hemp-derived CBD made from hemp plants carrying no more than 0.3% THC is legal under state law. 
  • Medical cannabis is also legal but heavily regulated. Recreational marijuana remains prohibited.

Is delta-8 THC legal in Utah?

No, Utah restricts delta-8 and regulates delta-8 under its medical marijuana program, meaning only medical cannabis patients can access them in state-licensed medical cannabis dispensaries. The use, possession, purchase, and sale of delta-8 products outside medical marijuana dispensaries are prohibited. No unlicensed online vendor or physical retail store can legally distribute delta-8 products without risk of penalty or prosecution under state law. 

Delta-8 THC product sold in Utah
Delta-8 THC products are only legal for medical use in Utah. Photo: Elsa Olofsson/CBD Oracle

However, according to a recent news report published Oct 7, 2021, Utah residents without a medical cannabis card can still find hemp-derived delta-8 products carrying below 0.3% THC outside medical cannabis dispensaries. 

However, it’s still possible to find vape cartridges, gummies, and other items with less than 0.3% THC in Utah retailers outside the cannabis program. Madison Meldrum, who doesn’t qualify for a cannabis card but has vaped low-strength THC products to treat her anxiety, said she found Delta-8 products in a smoke shop [in Utah].

Other reports from users on Reddit also claim delta-8 products are widely available in unlicensed retail stores:

Furthermore, a representative of The Hemp Barn, an online CBD and delta-8 vendor based in Pennsylvania, says it still ships delta-8 into Utah

If you’re planning on purchasing delta-8 products from an unlicensed vendor or without a legitimate medical cannabis card, we still recommend caution. These products are potentially in breach of state law, as outlined in the state’s Uniform Controlled Substances Act.

Legislative history of delta-8 in Utah

Utah legalized hemp using industrial hemp extracts carrying no more than 0.3% THC for research purposes following House Bill 105 in 2014. This bill also allows patients suffering from severe epilepsy access to hemp extracts, but only with a neurologist’s recommendation. However, hemp-derived delta-8 and all other THC isomers remain illegal. 

Delta-8 THC oil sold in Utah

Later, in 2018, the federal government passed the Agriculture Improvement Act (2018 Farm Bill), which legalizes hemp production, cultivation, compounds, and products across all 50 US states (including Utah), meaning delta-8, delta-10, CBD, CBG, and other hemp-derived cannabinoids are also legal. 

The federal Agriculture Improvement Act passage means Utah all residents can purchase products made from hemp extract without a physician’s recommendation. 

However, under Chapter 37 of the Utah Controlled Substances Act, hemp-derived tetrahydrocannabinols (presumably including delta-8 though not explicitly listed) are prohibited. They’re also regulated under Utah’s medical marijuana program after the passing of the Utah Medical Cannabis Act, meaning delta-8 and other products made from THC isomers are only legally available in medical cannabis dispensaries.

Buying delta-8 in Utah

Delta-8 THC flower product sold in Utah

Under Utah state law, you cannot legally sell, distribute, or purchase delta-8 products. The state considers delta-8 a Schedule I controlled substance under Chapter 37 of the Controlled Substances Act. Unlicensed online or physical retail stores selling or shipping delta-8 products are in breach of state law. We recommend you don’t purchase delta-8 products from these vendors. 

However, since Utah regulates delta-8 under its medical marijuana program, you can access delta-8 products such as delta-8 cartridges, delta-8 tinctures, delta-8 gummies, and delta-8 flower in state-licensed medical cannabis dispensaries with a legitimate medical cannabis card.

Can you travel into Utah with delta-8 products?

No, you cannot travel into Utah with hemp-derived delta-8. The state considers delta-8 and all other THC isomers illegal controlled substances under Schedule I of Utah’s Controlled Substances Act. 

Similarly, you cannot travel into Utah with marijuana or marijuana-derived delta-8, despite the state legalizing medical marijuana. All marijuana products are federally illegal. Since the federal government controls all state borders across the US, crossing into Utah with marijuana-derived delta-8 could be viewed as a crime punishable under federal law.

Related: Where is Delta-8 Legal to Buy Online?

Is weed legal in Utah? 

Medical cannabis is legal and regulated in Utah, following a groundbreaking voter-approved ballot initiative and the subsequent passing of state legislation in November 2018. However, recreational cannabis is not legal in any form anywhere in the state. It’s also not decriminalized. Penalties for recreational cannabis possession are harsh and result in lengthy jail time and hefty fines. 

Medical marijuana sold in Utah

Medical marijuana in Utah

Utah voters approved Proposition 2 on November 18, 2018. This initiative, first filed by the Utah Patients Coalition in July 2017 and placed on the ballot at the beginning of November 2018, allows patients to purchase, use, and possess cannabis strictly for medicinal purposes

Proposition 2 also permits the sale, distribution, testing, production, and cultivation of medical cannabis, only through state-licensed facilities. The law went into effect on December 1, 2018.

However, on December 3, 2018, the Utah State Legislature held a special legislative session and approved Proposition 2 through House Bill 3001, also known as the Utah Medical Cannabis Act.

There were several changes House Bill 3001 made to Proposition 2, which includes: 

  • Reducing the number of state-licensed dispensaries  
  • Preventing patients from growing and cultivating their medical cannabis
  • Expanding the list of qualifying conditions to terminally ill patients with six months or less to live and those receiving end-of-life hospice care

The bill was signed into law by Governor Gary Herbert. The first state-licensed dispensary opened in March 2020. 

Possession limits on medical cannabis in Utah apply. Patients are granted either a one-month supply of medical marijuana (dosage recommended by a state-licensed doctor), 4oz of marijuana flower, or 20 grams of THC. 

Patients are not allowed to grow or cultivate their own medical marijuana at home under any circumstances and must obtain it from a state-operated pharmacy or dispensary. 

Recreational marijuana in Utah

Recreational cannabis is strictly prohibited in Utah. Under state law, you cannot use, possess, sell, distribute, produce, manufacture, or cultivate cannabis for recreational purposes. Penalties for recreational cannabis possession without a valid state medical marijuana card are harsh. 

  • Possessing less than 1oz of cannabis is a Class B misdemeanor and punishable by up to six months in prison or a $1,000 fine.  
  • Possessing between 1oz-1lb of cannabis is a Class A misdemeanor punishable by up to one year in prison and a $2500 fine. 
  • Possession of 1-100lbs is a 3rd-degree felony carrying a penalty of up to five years in prison and a $5000 fine.

Related: What’s the Difference Between Delta-8 and Delta-9 THC?

Can you buy delta-10 THC, THC-O, or HHC in Utah? 

No, like delta-8, you cannot legally purchase any hemp or marijuana-derived delta-10, THC-O, or HHC products in Utah under state law. The use, possession, sale, purchase, distribution, production, and promotion of products carrying over 0.3% of any THC isomer are prohibited.

Related: What’s the Difference Between Delta-10 THC and Delta-8 THC?

Is CBD legal in Utah?

Yes, cannabidiol (CBD) derived from hemp plants carrying no more than 0.3% THC is legal in Utah under state and federal law, following House Bill 3001 in 2018. House Bill 3001 is the same bill that legalized medical marijuana and created a medical cannabis program in the state. 

Under this bill, Utah permits the use, possession, sale, and production of hemp-derived CBD products and doesn’t classify them as controlled substances unless the THC content is above 0.3% THC. 

In the same year, Senate Bill 130 (Cannabis Products Act), sponsored by Sen. Evan Vickers, R-Ceder City, regulates hemp CBD products and authorizes their production and sale.

The introduction of Senate Bill 130 followed reports of illicit synthetic CBD products entering the Utah market, causing the hospitalization of 30 Utah residents. 

Previously, low-THC CBD oil was only legal for registered patients with intractable epilepsy after the passing of House Bill 105 in 2014.

Related: Is Delta-8 Stronger than CBD?

Upcoming legislation

There is currently no upcoming legislation that could change the legality of delta-8. Currently, delta-8 is restricted and regulated under Utah’s medical cannabis program, though many unlicensed vendors are seemingly selling delta-8 products in spite of state law.

Conclusion

Utah’s delta-8 situation is confusing. On the state level, delta-8 products are technically restricted and regulated, but physical retail stores not licensed by the state continue selling them. Likewise, several online delta-8 vendors still ship delta-8 products into the country. We see no reports of raids or arrests from delta-8 use, possession, sale, or distribution either. 

However, we still recommend caution. The legal situation surrounding delta-8 on the state and federal levels remains murky. Until you see an official announcement or legislation on the specifics of delta-8 use and possession in Utah, purchase delta-8 products at your own risk.

Free Delta-9 THC product sample