Section 4-41-102 - (Effective upon governor's approval). DefinitionsAs used in this chapter:
(1) "Adulterant" means any poisonous or deleterious substance in a quantity that may be injurious to human health, including: (e) artificially derived cannabinoids;(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:(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: (b) an operation manager;(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.Amended by Chapter TBD, 2024 General Session ,§ 1, eff. 3/12/2024.Amended by Chapter 146, 2023 General Session ,§ 1, eff. 5/3/2023.Amended by Chapter 74, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 290, 2022 General Session ,§ 1, eff. 3/23/2022.Amended by Chapter 14, 2020 General Session ,§ 2, eff. 3/2/2020.Amended by Chapter 121, 2020 General Session ,§ 1, eff. 2/28/2020.Amended by Chapter 23, 2019 General Session ,§ 2, eff. 5/14/2019.Amended by Chapter 1, 2018SP3 General Session ,§ 1, eff. 12/3/2018.Amended by Chapter 452, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 227, 2018 General Session ,§ 1, eff. 5/8/2018.Added by Chapter 25, 2014 General Session ,§ 2, eff. 7/1/2014.