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Utah Code Title 4. Utah Agricultural Code § 4-41-102. Definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

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.

(2)(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) “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.

(12) “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.

(13) “Industrial hemp retailer permit” means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product.

(14)(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.

(15) “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%.

(16) “Licensee” means a person possessing a cannabinoid processor license that the department issues under this chapter.

(17) “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; and

(b) a cannabinoid product, chemical, or compound with a concentration that exceeds the cannabinoid product THC level.

(18) “Permittee” means a person possessing a permit that the department issues under this chapter.

(19) “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.

(20) “Retailer permittee” means a person possessing an industrial hemp retailer permit that the department issues under this chapter.

(21) “Tetrahydrocannabinol” or “THC” means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3.

(22)(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.

(23) “Total cannabidiol” or “total CBD” means the combined amounts of cannabidiol and cannabidiolic acid, calculated as “total CBD = CBD + (CBDA x 0.877)”.

(24) “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)”.

(25) “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.

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Cite this article: FindLaw.com - Utah Code Title 4. Utah Agricultural Code § 4-41-102. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-4-utah-agricultural-code/ut-code-sect-4-41-102/

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