As a resident of Utah, you’ve probably heard about the Delta-8 THC loophole. The 2018 Farm Bill legalized the hemp plant, all its derivatives and cannabinoids, including Delta-8 THC. This technically means that D-8 derived from hemp is legal in the United States… but, as with anything cannabis-related, it’s a bit more complicated than that.
Some states have banned or restricted D-8 products due to their intoxicating nature. Given the situation with the hemp laws in Utah, you’re probably wondering if this cannabinoid is legal in the Beehive State.
Is It Legal: Utah Delta-8 Laws
Unfortunately, Delta-8 THC is NOT legal in Utah.
Delta-8 tetrahydrocannabinol is a “sister” molecule or an analogue of Delta-9 THC (or just THC). This cannabinoid provides a psychoactive experience (gets you “high”) but with much lesser intensity. D-8 THC is 50 to 70 percent less intoxicating than traditional THC and provides an experience that’s free of undesirable effects like anxiety and paranoia.
Aside from providing subtle psychotropic effects, D-8 THC is a desirable compound due to its neuroprotective, anti-anxiety, pain-relieving, and anti-emetic (great against nausea and vomiting) benefits.
Where to Buy Delta-8 in Utah
The Beehive State is one of the dozen that restrict or ban this cannabinoid. So, it’s best to avoid buying it if you live there. What to do instead? It’s simple: you can order high-quality hemp CBD products online.
At Mr. Hemp Flower, we’re all about offering products that fully exhibit the benefits of hemp’s complete cannabinoid profile. Our phytocannabinoid-rich (PCR) hemp oil is one of the few products on the market that contains the entire hemp plant profile. It’s 100% legal to buy because it has less than 0.3 percent Delta-9 THC, within the legal THC limits on federal and state levels.
What makes us different? We manufacture our products using organic, locally grown hemp. We collaborate with licensed and experienced hemp farmers who care about cultivating cannabinoid-rich CBD flower that’s ideal for extraction. Our team is dedicated to bringing you whole-plant CBD products that offer the benefits of the entourage effect.
If you’re traveling to D-8 friendly states (looking at you, Florida), and want to try top-shelf D-8 products, our D8 Gummies – Vegan – 10mg, 20mg, 50mg, are perfect for anyone who wants to dip their toes in the water. If you’ve been using hemp CBD products (or medical marijuana) regularly, you can go with the 20mg or 50mg gummies.
Continued, Is Delta-8 Legal in Utah?
No, hemp-derived Delta-8 THC is NOT legal in Utah.
Utah is one of the states that don’t make an exception for hemp-derived tetrahydrocannabinols in its Controlled Substances Act.
In December 2018, the state passed the Utah Medical Cannabis Act, which legalized CBD oil with less than 0.3% THC. The main purpose of the Act was to legalize medical marijuana for eligible patients. But, it also allows individuals without a registration card to freely purchase hemp-derived CBD products.
Utah doesn’t license the manufacture and sale of food and beverages containing CBD.
Unfortunately, state hemp laws don’t make an exception for hemp-derived cannabinoids. Under Utah’s Controlled Substances Act, all tetrahydrocannabinols and their optical isomers are controlled substances, including Delta-8 THC.
Delta-8 THC and Federal Law
The legality of Delta-8 THC on a federal level is complicated.
The cannabinoid is currently in a legal grey area because companies use hemp-derived cannabidiol (CBD) to create D-8 THC. As you may know, this cannabinoid naturally occurs in the hemp plant in a very tiny percentage (less than 0.1%). This is not enough for manufacturers to extract it organically, so they use isomerization to convert CBD into D-8 THC.
Under the 2018 Farm Bill, naturally occurring D-8 is a legal cannabinoid. But, the legal status of D-8 made from CBD is in limbo because we’re in an unprecedented situation. Federal law doesn’t explicitly define the term “synthetic,” which leaves space for debate on what it means for a component to be considered “synthetic.”
In August 2020, the Drug Enforcement Administration (DEA) released the Interim Final Rule on the implementation of the 2018 Farm Bill. The rule stated that the bill “does not impact the control status of synthetically derived tetrahydrocannabinols because the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L.”
The release of the Rule prompted the biggest debate within the industry. Many experts agree that the process of creating D-8 from CBD doesn’t make the final product “synthetic.” The reason behind it is that typical synthetic drugs are developed from purely non-organic sources. They are dangerous, artificial chemicals that can cause life-threatening effects.
It’s clear that D-8 is not “naturally extracted,” but it doesn’t quite fall under the category of “synthetic” THC. So, it’s safe to say that this cannabinoid is currently in a legal grey area.
As of this writing, Delta-8 is not legal to buy in Utah. The Beehive State is on the more conservative side of the law and doesn’t allow the manufacture, distribution, or sale of products containing D-8. Residents of Utah should avoid buying D-8 products until the law hopefully loosens up.
No, it’s not legal in Utah. The state has some of the most robust and restrictive CBD laws and doesn’t allow the sale of tetrahydrocannabinols, regardless of their source.
It’s best to avoid buying D-8 THC products in Utah due to strict laws.
Yes. Residents of D-8 THC-friendly states can order products online legally.
No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.
Delta-8 THC is considered to be as safe (and even safer) than traditional THC, but more research is needed.
Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.