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CBD Oil in Utah
It is easy to get confused about the laws regarding cannabidiol (CBD). This is especially true in states like Utah where the production, sale, and consumption of cannabis products remains tightly controlled in certain instances. You can find CBD products derived from hemp plants in many retail and convenience environments—but the production, sale, and consumption of CBD products made from marijuana plants is still restricted. Such products are only legally available to medically qualified patients.
To lessen the confusion about CBD in UT, we need to first examine the difference between the marijuana plant and the hemp plant.
While CBD is often associated with marijuana, and while CBD can be made from the marijuana plant, the CBD products that one might find for sale to the general public in the Salt Lake State are not made from marijuana extracts.
CBD can also be made from hemp. The hemp plant, like marijuana, is a cannabis plant and the two do share many similarities, but there is one significant difference between the two plants in the eyes of federal law: tetrahydrocannabinol (THC). Marijuana plants have a high concentration of the THC compound while hemp plants do not.
THC is the substance present in many strains of marijuana that can have an intoxicating effect on the user. Cannabis plants that are legally recognized as “hemp” contain far, far lower concentrations of the THC compound (less than .03 percent). You cannot become “high” from consuming hemp or hemp products.
It has taken hemp advocates many years to legally enshrine the distinction between the hemp and marijuana plants, but this was achieved at the federal level in 2018.
So, is CBD Oil legal in Utah?
If you are pressed for time, the short answer is “yes.” CBD products are legal to consume by members of the general public, so long as they are derived from the hemp plant—and they can be readily found in a wide variety of retail settings. (All of Highland Pharms’ CBD products are derived from hemp.)
The 2018 Farm Bill (Agriculture Improvement Act of 2018) passed and was signed into law by President Donald Trump in December of the same year. This bill eliminated much of the legal ambiguity that once surrounded the hemp-based CBD industry, and it paved the way for the rise of modern industrialization of hemp.
But even in an era when federal law recognizes industrial hemp as an agricultural product, states still have the right to regulate or control its production, consumption, and sale. In some states, the legal framework for CBD remains more confusing than in other states. Fortunately for residents of the Beehive State, Utah’s CBD situation is fairly cut and dry as of today.
What are the current CBD laws in Utah?
To understand the current legal framework around CBD in Utah, we need to rewind a bit and look at how the legal situation has evolved since the twentieth century.
Utah first banned all forms of cannabis in 1915 and little changed on this front for many years. Then, in 1970, the Federal Controlled Substances Act categorized all cannabis plants as Schedule I (hemp included) which meant that in the eyes of federal law, cannabis was considered to have no medicinal use.
For the remainder of the twentieth century, little changed on this front. But then in 2015, progress was made on the medical cannabis front when Sen. Mark Madsen, a libertarian-leaning Republican, introduced SB 259. This bill would have permitted those with debilitating conditions (HIV, cancer, epilepsy, multiple sclerosis, chronic pain, and others) to legally use marijuana for medicinal purposes. The bill was defeated in a 15—14 Senate vote, but then reintroduced in 2016 as SB 73.
SB 73 passed a Senate vote of 17—12, but ultimately died in committee after a Health and Human Services Committee vote of 4—8.
Another attempt at easing CBD laws was made in 2016 by Sen. Evan Vickers (R) when he proposed SB 89. This bill proposed medical uses for CBD with low THC concentrations and put forth methods to regulate it for such purposes (and for research). This effort also failed, despite passing in the Senate and passing approval by the Health and Human Services Committee— the Utah House did not vote on the bill.
A third effort was put forth in 2016 by Sen. Brian Schiozawa (R) who put forth Concurrent Resolution 11. This resolution urged the US Congress to reclassify cannabis as a substance that could be studied for medicinal purposes.
In 2017 activists began to campaign to get medical cannabis on the ballot for a citizen vote. The effort was opposed by Governor Gary Herbert and the LDS church, but garnered favorable levels of support from other Utahns.
With more than 110,000 validated signatures, and support from groups such as Libertas Institute, the Utah Patients Coalition, and Together for Responsible Use and Cannabis Education (TRUCE), the effort was a success.
2018 became a big year for legal cannabis in Utah.
In February of 2018, Utah’s House of Representatives passed House Bill 195. This bill, in accordance with “right-to-try,” legalized medical marijuana for the terminally ill.
In November of 2018, the Utah Medical Cannabis Act (Proposition 2) passed by ballot. On December 3 of that year the Utah Legislature passed HB 3001, moving the Utah Medical Cannabis Act to the governor’s desk. He signed the bill later that day. (This bill also legalized the production and sale of hemp-derived CBD.)
Finally, on December 20 of 2018, President Donald Trump signed the 2018 Farm Bill into law, creating an explicit legal distinction between marijuana and hemp at the federal level.
Today marijuana-based CBD can only be obtained in Utah through medicinal channels, however hemp-based CBD is readily available to the general public (hemp sales are still subject to standards and licensing set by the Utah Department of Agriculture and Food).
Can I purchase CBD oil in Utah?
All hemp-derived CBD products that adhere to federal and Utah state laws can be legally purchased by residents of Utah. Utah residents can also purchase hemp-derived CBD from online retailers, and have it shipped directly to their front doors.
Highland Pharms is happy to offer Utahns our legally cultivated, cleanly produced hemp-based CBD products, no matter what part of the state you may call home. Whether you are in Salt Lake City, St. George, Provo, Ogden, or anywhere in between, we will ship to your home!
Whether you are looking for capsules, gummies, drops, creams, tinctures, vape oils, or even pet treats, ordering CBD from Highland Pharms is quick, painless, and only takes a few clicks. You are not required to submit a prescription or any other form of medical note to place orders.
We encourage you to browse our extensive selection of products on our website and place an order with us today!