§ 4-41-105 — Unlawful acts.

(1) It is unlawful for a person to handle, process, or market living industrial hemp plants, viable hemp seeds, leaf materials, or floral materials derived from industrial hemp without the appropriate license or permit issued by the department under this chapter.
(2) (2)(a) It is unlawful for any person to:
(2)(a)(i) distribute, sell, or market a cannabinoid product that is:
(2)(a)(i)(A) not registered with the department under Section 4-41-104; or
(2)(a)(i)(B) noncompliant material;
(2)(a)(ii) except as provided in Subsection (2)(b), transport into or out of the state extracted material or final product that contains 0.3% or more of total THC and any THC analog;
(2)(a)(iii) sell or use a cannabinoid product that is:
(2)(a)(iii)(A) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
(2)(a)(iii)(B) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
(2)(a)(iii)(C) smokable flower; or
(2)(a)(iv) knowingly or intentionally sell or give a cannabinoid product that contains THC or a THC analog in the course of business to an individual who is not at least 21 years old.
(2)(b) A person may transport transportable industrial hemp concentrate if the person:
(2)(b)(i) complies with rules created by the department under Section 4-41-103.1 related to transportable industrial hemp concentrate; and
(2)(b)(ii) (2)(b)(ii)(A) has a cannabinoid processor license; or
(2)(b)(ii)(B) the equivalent to a cannabinoid processor license from another state.
(3) The department may seize and destroy non-compliant material.
(4) Nothing in this chapter authorizes any person to violate federal law, regulation, or any provision of this title.

Legislative History

Amended by Chapter 114, 2025 General Session