2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 102 - Definitions.

Effective 5/3/2023
4-41-102.
Definitions.
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; and
(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.
(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) "Delta-9-tetrahydrocannabinol" or "delta-9-THC" means the cannabinoid identified as CAS# 1972-08-3, the primary psychotropic cannabinoid in cannabis.
(10) "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.
(11) "Industrial hemp laboratory permit" means a permit that the department issues to a laboratory qualified to test industrial hemp.
(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) "Laboratory permittee" means a person possessing an industrial hemp laboratory permit that the department issues under this chapter.
(17) "Licensee" means a person possessing a cannabinoid processor license that the department issues under this chapter.
(18) "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.
(19) "Permittee" means a person possessing a permit that the department issues under this chapter.
(20) "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.
(21) "Retailer permittee" means a person possessing an industrial hemp retailer permit that the department issues under this chapter.
(22) "Tetrahydrocannabinol" or "THC" means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3.
(23)
(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.
(24) "Total cannabidiol" or "total CBD" means the combined amounts of cannabidiol and cannabidiolic acid, calculated as "total CBD = CBD + (CBDA x 0.877)".
(25) "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)".
Amended by Chapter 146, 2023 General Session