Is THCA legal in Utah? Utah hemp, CBD and kratom laws

The law in Utah

Utah regulates hemp products through its Hemp and Cannabinoid Act, chapter 41 of Title 4, run by the Department of Agriculture and Food. The plant is industrial hemp when it holds less than 0.3 percent THC by dry weight, but anything sold to consumers is a cannabinoid product, defined in section 4-41-102 by four limits at once: under 0.3 percent total THC and THC analogs combined, THC and analogs no more than 10 percent of all cannabinoids, and no more than 5 mg of THC and analogs a serving and 150 mg a package.

No cannabinoid product may be sold in Utah unless it is registered with the department under section 4-41-104, for one year at a time, after a sample goes to the state laboratory for a cannabinoid profile. Section 4-41-402 says the sale or use of a cannabinoid product is otherwise prohibited, and every advertisement must tell consumers the product is hemp or CBD, not cannabis or medical cannabis.

1. May 3, 2023H.B. 227 takes effect, barring the sale of cannabinoid products with THC or a THC analog to anyone under 21.
2. May 7, 2025H.B. 54 takes effect, banning THCP, THC acetate and HHC in cannabinoid products.
3. May 6, 2026H.B. 389 takes effect: hemp retailers must check ID. Kratom sales are limited to pure leaf kratom.
4. July 1, 2026H.B. 265 takes effect, leaving vapes out of the cannabinoid product definition and making their sale a misdemeanor.
5. December 11, 2026The federal limit of 0.4 mg total THC per container begins.

THCA and delta-8

Utah's statute writes THCA into the math. Total THC means delta-9 THC plus THCA times 0.877, and the 0.3 percent, 5 mg and 150 mg limits are measured on that total. Section 4-41-105 also makes it unlawful to sell or use a cannabinoid product that is smokable flower, and handling hemp flower or leaf material requires a department license or permit.

No Utah statute names delta-8. A THC analog is any substance structurally or pharmacologically similar to delta-9 THC, and the statute lists ten cannabinoids, including CBD, CBG, CBN and THCV, that are not analogs. The department's chart says every other detectable cannabinoid is an analog and counts toward the THC limits. Since May 7, 2025, products containing THCP, delta-8 or delta-9 THC acetate, or HHC are noncompliant material, and artificially derived cannabinoids are listed as adulterants.

1. CBD Softgels Extra StrengthNeurogan$0.013/mg
2. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
3. Multicannabinoid OilNuLeaf Naturals$0.028/mg
4. CBD Oils 2000 mg: UnflavoredIrwin Naturals$0.034/mg
5. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
6. Lemonade Full Spectrum CBD Tincture, 1,500 mgMedRoots$0.040/mg

Age, licenses and registration

The 21 rule came with H.B. 227 in 2023: no one may knowingly sell or give a cannabinoid product containing THC or a THC analog to anyone under 21 in the course of business. Since May 6, 2026, section 4-41-103.3 requires a retailer to check the buyer's ID, and the same bill, H.B. 389, repealed the video surveillance rule that took effect at the start of 2026.

A retailer needs an industrial hemp retailer permit for each location, and since May 6, 2026 also a specialized product retailer license under section 4-45a-102, $600 a year for a seller of cannabinoid or kratom products, with a $50,000 civil fine for selling without one. From July 1, 2026, H.B. 265 leaves electronic cigarettes out of the cannabinoid product definition and makes selling a cannabinoid vape a class C misdemeanor for a first offense.

CBD in food

Section 4-41-105 bars selling or using a cannabinoid product added to a conventional food or beverage, or one made or marketed to appeal to children. The department's guidance names a CBD soda as an example of what is barred, while gummies and tinctures may be registered if they meet its form rules. A serving must be a whole number of discrete units, except for products in an oil suspension.

Kratom, kava, amanita and spores

Utah's Kratom Regulation Act, chapter 45 of Title 4, allows only pure leaf kratom since May 6, 2026: identifiable plant matter, or plant matter in an inert capsule, with no extract and no more than 0.4 percent 7-hydroxymitragynine in its total alkaloids. The label must state the mitragynine and 7-hydroxymitragynine content, sales are limited to adults 21 and over, and a kratom retailer must register with the department and hold a retail tobacco specialty business license.

Outside that exemption, 7-hydroxymitragynine and mitragynine pseudoindoxyl are Schedule I under section 58-37-108. We found no Utah statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container. Read the federal page and What's changing on December 11.