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January 11, 2023
Delta 8

Is Delta-8 Legal in Utah?

Confused about the legal status of delta-8 THC in Utah? That’s no surprise because it’s been in the news a lot! Here’s the basic summary as of December 2022:

  • Delta-8 THC and other “analogs” of delta-9 THC are legal in Utah, mostly based on the 2018 Farm Bill and on Utah’s medical laws
  • Medical marijuana is legal in Utah, and has been since 2020; it is regulated by the Utah Department of Agriculture and Food (UDAF)
  • Now, recreational cannabis remains illegal

Read on to learn more about delta-8 in Utah!

What Is Delta-8 THC?

Delta-8 is one of many cannabinoids that are naturally made by cannabis plants. Whether they are labeled as marijuana or hemp is a legal distinction based on how much delta-9-tetrahydrocannabinol (THC) is in the plant.

Delta-8-tetrahydrocannabinol (delta-8 THC) is an isomer of delta-9 THC. Delta-8 THC is psychoactive like delta-9 THC, but it is less intoxicating, milder, and produces fewer of the classic THC side effects.

Delta-8 THC can be found in edibles like delta-8 gummies, tinctures, vape cartridges, and flower, depending on where you live.

Is Delta 8 THC Legal Under Federal Law?

Right now, around 18 states specifically address delta-8 THC with regulations or laws, which we’ll talk about below. But most states focus on CBD oil and other CBD products, legalize some type of medical cannabis, or restrict delta-9 tetrahydrocannabinol (classic THC) and marijuana.

Congress passed the Farm Bill in 2018 which the US Department of Agriculture (USDA) immediately began to implement. The bill made hemp and other THC isomers including delta-8, THC-O, and delta-10 THC, as well as cannabinoids like cannabidiol (CBD), CBG, and CBC legal in the United States.

The 2018 Farm Bill defines and prohibits delta-9-tetrahydrocannabinol (delta-9 THC) in cannabis plants and distinguishes between marijuana plants and hemp plants based on the former having a delta-9 THC concentration of over 0.3 percent.

Through a loophole, this leaves the other cannabinoids mentioned, including delta-8 THC, legal.

In short, things like hemp extracts and other industrial hemp plant derivatives are legal. That’s because Cannabis sativa plants with under 0.3% delta-9 THC dry weight are defined as legal hemp plants. Although they are still cannabis plants, the law makes hemp plants and all hemp products legal.

In August 2020 the US Drug Enforcement Administration (DEA) published an Interim Final Rule (IFR) that federally distinguishes hemp, hemp-derived delta-8, and other hemp-derived cannabinoids from those that cannabis plants produce naturally as types of synthetic THC, which would place them back on the Schedule I of controlled substances if the rule became law.

What is the Legality of Delta-8 in Utah?

Utah lawmakers legalized medical cannabis under the Utah Controlled Substances Act in 2020. Now, people with a medical condition can apply for and receive a Utah medical cannabis card and participate in the Utah medical cannabis program. As of Dec. 9, recreational marijuana and delta-9 THC remain illegal in the state of Utah.

The Utah medical cannabis program is strictly regulated. In some states you can buy delta-8 THC anywhere from gas stations to smoke shops, but in Utah you are mostly buying from dispensaries and from trusted online sellers.

But What About Restrictions on Delta-8 THC?

In Utah you can buy delta-8-THC and other cannabis products at state licensed dispensaries. But if you’re not in Kansas City or close to other big cities where there are lots of dispensaries, it’s often easiest to buy delta-8 THC online.

State laws in many other places have now restricted, banned, or regulated marijuana products as well as delta-8 THC products in some way:

Arkansas, Arizona, Alaska, Connecticut, Colorado, Idaho, Iowa, Delaware, Kentucky, Michigan, Mississippi, Nevada, Vermont, Montana, New York, Rhode Island, North Dakota, Texas, Utah, and Washington.

These states are considering regulatory clarifications or legislative bans:

Alabama, Oregon, Illinois, and Oklahoma.

Many neighboring states such as Arizona have more liberal laws, but many such as Wyoming are far stricter, so be careful traveling.

Final Thoughts on Delta-8 THC in Utah

For now, you can still get the smooth, mellow delta-8 THC high delivered right to your door under Utah state law. And it’s pretty hard to pass it up, especially when you really don’t feel like dealing with a dispensary and you want the very best delta-8 products!

Disclaimer: Remember, before you buy delta-8 THC, be aware that they are not regulated by the US Food and Drug Administration (FDA). Only retailers that can show you high-quality ingredients and lab tested results should become your trusted sellers.