Is CBD Oil Legal in Utah in 2019? The CBGenius Guide

Is CBD legal in Utah? The true definition of “legal” is always complex, and the state of the law is perpetually in flux. Matters get even more convoluted when it comes to CBD law, which is why we can’t make broad, definitive statements like “CBD is legal in Utah” or “CBD isn’t legal in Utah.” Giving statements like this would also constitute as legal advice, which could get us in trouble. What if we told you that CBD oil was legal in Utah, but you got arrested anyway? We’d be opening ourselves up to lawsuits, and that would severely impede our ability to supply the best CBD products on the face of the planet.

Insider Details on CBD Law in Utah in 2019

If you’re a Utah resident, you probably noticed a number of local news stories in January reporting that Utah CBD manufacturers and retailers must now register with the state government. What you might not know, however, is that this edict from the is in pursuance of S.B. 130, a law that the Utah state legislature passed in 2018 to make CBD oil products with less than 0.3% THC legal statewide.

S.B. 130, also known as the Cannabidiol Product Act, is related to other Utah-specific cannabis reform acts that passed in 2018. Cannabis in general in this state is now available under the pretext of the “right to try” program, which is a Trump administration policy that allows terminally ill patients to access unapproved drugs for treatment.

While cannabis law in Utah is still one of the most restrictive examples in the nation, this state’s new cannabidiol law is starkly liberal in comparison. As long as it doesn’t have more than 0.3% THC, the Utah state government is off the case, and you have an ironclad case in court on the off chance that you’re arrested for marijuana possession anyway.

How CBD Oil in Utah Is Evolving

Not surprisingly, cannabidiol sales in Utah have soared since this law came into effect in January of 2019. Prior to 2019, a variety of Utah general retailers sold cannabidiol products, and tons of Utah residents already used CBD on a daily basis. Retailers who sold CBD, however, were constantly afraid of the possibility of being raided, and Utah consumers were unnecessarily skittish about buying CBD products.

Now, however, consumers in Utah can use CBD without worrying about running afoul of the state government, and retailers across Utah have been emboldened to sell cannabidiol products openly and proudly. At the same time, however, the state of cannabis and cannabidiol law in the United States is anything but static, and insiders expect that volcanic changes are on the horizon that could utterly rewrite the current map of CBD law.

Vector graphic with male professional at laptop displaying question mark
The FDA is faced with a serious conundrum

The FDA’s CBD Problem

No matter what one state has to say about CBD, it still has the federal government to answer to. The issue of state versus federal rights has been problematic since the founding of our country, and these days, state governments exist in a relatively subservient role to the overarching federal government. Therefore, whatever a federal agency says, goes, and state governments generally have to step in line to avoid trade and other penalties.

Utah’s legalization of CBD in 2018, in fact, was an aftershock of the federal Agriculture Improvement Act of 2018 (2018 Farm Bill). This legislation changed CBD law in the United States more than it had ever been changed before, and it essentially legitimized CBD commerce within the USA.

Before I get ahead of myself, it’s important to reiterate that these comments are not legal advice. Neither I nor CBGenius as an organization are definitively stating that the CBD market is now wholly legitimate in the eyes of the federal government. At the same time, however, there’s no denying that the 2018 Farm Bill afforded certain freedoms to state governments that they hadn’t had access to before.

Since the 2018 Farm Bill removed CBD from the definition of marijuana under the Controlled Substances Act (CSA), individual states are now free to take the initiative in forming their cannabidiol laws. Utah wasn’t the only state to take this chance; across the country, Florida, Texas, and Kansas are also recent examples of states that took the 2018 Farm Bill as the green light to legitimize CBD commerce within their borders.

CBD on the Rise

Both federal and state governments have looked longingly at the CBD market for the last few years. As a market that conservative estimates have reaching $20 billion by 2024, there’s a lot of tax revenue that could be derived from CBD sales both at the state and federal levels. CBD’s technical classification as an illegal drug, however, has hampered both the sale of general-market CBD and the G.W. Pharmaceuticals CBD drug Epidiolex.

It was clear that a solution was necessary, and the 2018 Farm Bill marked the first step forward in a sweeping, multi-year plan to legitimize CBD sales in the United States. While it’s all rumor at this point, insiders expect that CBD will soon be regulated as an over-the-counter (OTC) drug, and if this development comes to pass, CBD will quickly become legally analogous with mainstay OTC drugs like Advil and Tylenol.

How Do You Solve a Problem Like CBD?

It’s impossible to say unless you’re an FDA insider, but it certainly seems that this federal agency was simply hoping and praying that the CBD problem would go away. It’s just a fad, they said, it will pass. But the fact is that the rapidly growing CBD industry is forcing multiple branches of the U.S. federal government to look at cannabis law in general in a whole new light.

It’s common knowledge that federal marijuana legalization is coming soon. Individual states will continue to be free to make their own cannabis laws, but at the federal level, it’s not a matter of “if” but “when” when it comes to making marijuana use and possession no longer a federal crime.

The federal government, however, thought it had years, if not decades, to fix this problem. Conservative America, steeped in decades of “reefer madness” hysteria, will be slow to adopt federal marijuana programs, and coastal liberal elites, for their part, will simply try to economically exploit the “Green Rush” regardless of the cultural consequences.

There’s no doubt that cannabis has healing potential, but certain constituents of this plant are also addictive, which is why the FDA was hoping it had some time to figure out exactly how cannabis would fit into the American pharmacopeia of the 21st century. No such luck, though; the explosive CBD industry would force the FDA’s hand sooner or later.

The CBD Loophole

The CBD industry was partially legitimized by the passage of the 2014 Farm Bill, which legalized certain state-specific hemp cultivation pilot programs. To make sure these government-sanctioned programs weren’t illegal, this 2014 bill provisionally stated that cannabis containing less than 0.3% THC wasn’t marijuana. Instead, it was “industrial hemp,” which is a vague term that has plagued the CBD industry ever since.

Let’s face it: CBD is cannabis. It’s a part of the cannabis plant that doesn’t get you high, but it’s extracted from Cannabis sativa nonetheless. Therefore, there are only semantic differences between “marijuana” and “CBD oil,” which means that if the FDA regulates CBD as anything other than a pharmaceutical drug, the federal government will be forced to rule on cannabis law sooner rather than later.

Marijuana is already available with a doctor’s prescription in the form of Sativex, which is a prescription drug marketed by G.W. Pharmaceuticals. If that name sounds familiar, it’s because I mentioned this pharma firm earlier in the article as the maker of Epidiolex, which is a CBD isolate drug. Sativex is a 1:1 mix of isolated CBD and isolated THC, which makes it a marijuana product according to DEA standards. Since the FDA has approved Sativex as a prescription drug, however, there’s a confusing precedent when it comes to drug regulation of cannabis in conjunction with this plant’s essentially illegal status under the CSA.

The world of legislature is always fraught with complications, and the CBD problem certainly isn’t the biggest issue the federal government has faced in recent years. It is, however, a serious problem, and the FDA has seemingly taken the approach of slowly bringing CBD into the mainstream via a series of regulatory measures designed to gradually provide additional rights to CBD manufacture and sale in the USA.

Utah capital building in Salt Lake City
Utah legislators are hard at work at the state capital in Salt Lake City

What Does It Mean for Utah Residents?

I’m no Nostradamus, but I’d expect that the CBD law situation in the United States won’t settle down for at least another decade. Ten years from now, we’ll all be sitting back, enjoying our cannabis-infused organic wine, and looking back laughingly at the old days of CBD commerce in the United States. Until then, however, we all face an uphill battle, and Utah residents aren’t spared the difficulty and confusion.

For Utah residents who have been using CBD for years, however, it’s finally time to let out that sigh of relief you’ve been holding inside for years. According to the federal government, CBD is not an illegal drug (even if the feds don’t know what, exactly, it is), and according to the Utah state legislature, CBD is fine as long as it contains less than 0.3% THC.

The state of Utah certainly isn’t going to stick it’s neck out by wading into the regulatory waters patrolled by the FDA; Utah legislators are perfectly content to simply sit back and wait until the Food and Drug Administration makes its move. Until then, Utah will continue to provide legal protections for CBD users that go above and beyond those that you’ll find in many other states in the nation.

Keep in mind that Utah is, by some estimates, one of the most conservative states in the nation. CBD becoming legal in Utah is a big deal — a really big deal!

What’s the State of CBD Manufacturing in Utah?

CBD production has been ongoing since the mid-2010s, and according to some local reports, the Utah CBD and hemp industry is on the fast track to becoming one of the biggest in the nation. Hemp production in Utah is now so mainstream that college students in the state are growing hemp plants for their senior projects.

If you think about it, it makes sense. Utah is largely an arid state with a mixture of desert and mountains — not the kinds of places where you generally think about growing corn, wheat, lettuce, or other American staple agriculture products.

At the same time, however, one of the most impressive attributes of Cannabis sativa is its ability to grow pretty much anywhere. From rice paddies to mountain slopes, cannabis will grow wherever there’s proper sunlight and soil, which makes it an ideal crop for multi-generational Utah farmers and newcomer hemp entrepreneurs alike.

S.B. 130 provided new provisions for hemp production within Utah, which is expected to boost CBD production in this state even higher. While CBD commerce is worldwide at this point, it’s still easier for regional producers to get their hemp or CBD from local manufacturers, which is why there’s a place for hemp growers in any part of the United States. From Florida to Washington state, farmers across the country are starting to recognize the incredible potential of hemp agriculture, and Utah is determined not to be left behind.

How Are CBD Sales in Utah Regulated?

As I’ve already covered, the regulation of CBD sales in Utah is complicated. Essentially, every state in the nation has to conform to the policies of the FDA, but at the same time, individual states have considerable leeway in determining their own policies. Think of the situation as being similar to adult children living away from home; during your first year in college, for instance, you have a lot of freedom, but you still have to report to your parents every once in a while or you’ll get your funding unceremoniously cut off.

Lots of states have taken the initiative and legalized marijuana even though the federal government still considers marijuana possession to be a crime. However, cannabis users in legalization states aren’t worried about federal overreach; the same could be said for states that have legalized CBD.

The big difference, however, is that lots of companies (including CBGenius!) sell CBD oil products online and ship them all over the country. Therefore, the CBD industry is in a very different state from the recreational cannabis industry, and both state and federal agencies have to act accordingly to protect consumers and uphold the rule of law.

In a nutshell, Utah has legalized the possession and sale of CBD oil products as long as they contain less than 0.3% THC. As far as I can tell, this edict applies to CBD purchased both within and beyond state lines, and the Utah state government certainly doesn’t want to cut itself off from the national CBD sales pipeline. Companies that want to make or sell CBD in Utah have to register with the state government, but no such requirements are put in place for companies that are based outside Utah’s borders.

Hanging over all this like a shadow is the FDA’s lack of action on the CBD subject. This agency held a public hearing on CBD at the end of May, and it recently issued its assurance that federal regulation on CBD is forthcoming. At the same time, however, nobody knows exactly what the FDA will do, and as too many supplements, prescription drug, and OTC drug manufacturers have learned the hard way, the FDA’s word is law.

Map depicting the legal status of cannabis across the USA
As CBD becomes legal across the nation, what will the FDA do?

The FDA Factor

The way that the FDA decides to shape the next stage in the national CBD saga will determine the direction that CBD law takes in Utah. Intimidated by all its neighbors adopting liberal CBD policies, Utah felt that it had no choice but to usher in the coming age of CBD with open arms. At the same time, however, Utah is a strong opponent of marijuana legalization as a staunchly religious state, and it will follow whatever way the winds of the federal government happen to be blowing on a particular day when it comes to CBD.

For now, however, everything looks like it’s on the up-and-up for CBD in Utah. For CBD consumers, there’s never been a more confident time for purchasing cannabidiol products, and entrepreneurs are basking in the glow of hemp commerce that is gradually enveloping this mountainous state. While the FDA has yet to rule on the safety of CBD, it certainly doesn’t appear that this substance is dangerous, and when compared to the drug treatments that are currently available, CBD, and cannabis in general, are serving as the light of sanity amidst the chaos.

CBD is certainly anything but side-effect-free. At the same time, when a substance’s worst common side effect is tiredness, most people who have been jaded by opioids would give you a “you’ve got to be kidding” look. Most modern drugs have unspeakable side effects, and they spur spirals of addiction that result in destitution and death. While it’s certainly possible to spend everything you have on CBD (further legitimization of the industry will lower prices), this cannabinoid certainly doesn’t stop you from breathing, and it doesn’t appear to be addictive.

I think we should all have a degree of healthy skepticism when it comes to THC. While it’s clear that this cannabinoid has certain benefits, it’s also addictive, and when used in concentrate or other high-percentage forms, it can be downright life-ruining. At the same time, however, there’s no reason to throw the entire Cannabis sativa baby out with the bathwater. In addition to THC, scientists have also identified more than 100 other unique cannabinoids, and each of these cannabis-specific oils can be extracted and isolated.

Just as nobody can perfectly predict the weather, it’s impossible to say exactly how the FDA will proceed with the FDA dilemma. Trained meteorologists can give relatively accurate weather predictions, however, and people who are embedded in the CBD industry can provide reasonably accurate insights on the future of the cannabidiol market.

It’s my belief that CBD is on its way to becoming a mainstream drug both in Utah and across the nation. It would be lunacy at this point to try to continue the policy of cannabidiol prohibition, and it’s highly unlikely that the FDA will limit CBD access to people who can get it with a doctor’s prescription. In all likelihood, CBD will be regulated as an OTC drug, and everyone will be able to let out a deep, honest sigh of relief. CBD certainly isn’t a supplement, so unless the FDA creates an entirely new category just for cannabinoids, OTC drug status is the most reasonable path to take.

Here at CBGenius, we’re proud to be staying apace of the confusing world of federal and state CBD regulations. I’ll never bamboozle you to make a quick buck, and the production team at CBGenius makes the best, most affordable CBD products available on the market. When you’re looking for a break from the endless onslaught of sales lingo and shoddy science, turn to CBGenius as an oasis within the maelstrom that the “Green Rush” has rapidly become.

Where to Buy CBD Oil in Utah

There are quite a few places you can buy CBD oil in Utah. However, some are better than others:

1. “Right to Try” Dispensaries

Currently, you have to be dying to access CBD under Utah’s medical marijuana program. If this seems unfair, remember that Utah was one of the most pro-prohibition states when it came to cannabis until recently. It’s a big step, but it still doesn’t mean much for the average CBD consumer in Utah.

2. General Market Retailers

Thankfully, tons of average retailers now sell CBD products in Utah. From gas stations to ritzy food co-ops, CBD is on shelves across the state, and it’s easy for the average Utah resident to take a quick drive and pick up a CBD product.

At the same time, however, the selection at physical CBD retailers in Utah is limited, and for the most part, you’re trusting that the store owner or merchandise buyer made the right decisions while selecting the CBD products that the shop would offer. If you want to enjoy the true diversity that the CBD market has to offer, you’ll have to take another path.

3. Online at CBGenius.net

The e-commerce revolution has provided consumers with many unimaginable benefits. It’s now possible to have practically any product shipped to your door within two days, and in some urban areas, robots are already delivering packages left and right.

Nowhere has the world of e-commerce had a bigger impact than in the CBD retail arena. Instead of being restricted to the customers in their geographical areas, cannabidiol entrepreneurs can reach out to people all over the country. Gaining equal access to people in every state in the nation has given rise to incredible opportunity within the CBD market, but whenever opportunity arises in the consumer sphere, regulation isn’t slow to follow.

There are lots of different kinds of CBD companies out there. Some company founders create their businesses out of the kindness of their hearts, and others are purely out there to con consumers. Here at CBGenius, we understand that CBD is a business; we wouldn’t be here without all of you, and it takes money to keep the lights on.

At the same time, however, we don’t take that necessity as license to screw our customers; we do our very best to provide the cleanest, safest, and cheapest CBD products that money can buy. Whether you’ve been burned by another CBD company in the past or you’re entirely new to the CBD market, trust CBGenius as a straight-shooter in a sea of airheads and snake oil salesmen.

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CBD Law in Utah: The Bottom Line

It will be a long time until the dust truly settles on the CBD industry. After all, alcohol prohibition was over almost a century ago, and various state and federal agencies are still battling it out over how this drug should be regulated.

While CBD is quite clearly safer than alcohol, we can’t say that for certain until the FDA is done assembling all the information it needs to make a ruling on CBD. Until that time, we’ll remain the internet’s #1 most-trusted source of CBD, and since we’ve taken such great pains to come into compliance with the FDA, we’ll be one of the few companies to survive the coming purge.

With new products on the horizon and new customers choosing CBGenius every day, our star is on the rise. We hope you’ll join us on our journey by checking this space regularly for new CBD news and relying on CBGenius as your premier source of CBD tinctures, topicals, vape products, and the other types of CBD-infused goodness you can find here at CBGenius.net.

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