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News And Legislation

Is Delta-8 THC Legal in Utah? Delta 8 Legality By State 2023

Even in areas without recreational or medical cannabis, Delta-8 has acquired a solid reputation as a nationally legal high. For those looking to partake, delta-8 is ideal in the current cannabis market. In this piece, we’ll discuss whether Delta-8 THC is legal in Utah. 


The 2018 Farm Bill made it legal to cultivate hemp throughout the United States if the plants contain less than 0.3% Delta-9 THC. The Farm Bill also makes hemp products legal, as long as they stay under that 0.3% threshold. 


The existing mishmash of state legislation adds more complexity. Delta 8 is legal in certain states but not others. As a direct consequence of this, some claim that Delta-8 THC isn’t legal in a number of states, including Utah.


In late 2018, Utah passed a law legalizing medical cannabis. However, this law did not make delta-8 THC legal. So even though Delta-8 isn’t explicitly in the law, with less possibility of legislation loopholes, it’s illegal in this state. 

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Is Delta-8 THC Legal In Utah?


Delta-8 is illegal in Utah, where it is classified as one of the Schedules I controlled drugs and is subject to regulation under the state’s medical marijuana law. This substance is restricted and regulated such that it cannot be used, possessed, sold, distributed, or promoted across this state. Although it remains still accessible for medicinal cannabis patients at clinics that have permission to sell it.


Can You Purchase Delta-8 In Utah?


However, Delta 8 is still widely available in Utah, and several establishments there openly offer it. Some say that Utahans can purchase Delta-8 from shops selling as well as marketing delta-8 items without the proper licensing. 

Recently, there was news saying that Utah residents can purchase hemp-generated Delta-8 with THC not over 3% at the state’s medical cannabis stores. In addition, you can get it without carrying any card allowing medical cannabis. Similarly, there are still delta-8 retailers that deliver to the state from the internet.


However, as Delta-8 is controlled in this state under the medical marijuana law, there is a way forward. At the state’s licensed cannabis shops, you can purchase and enjoy Delta-8 tinctures, gummies, flowers, and cartridges if you have a legitimate card for using medical cannabis. 


Moreover, whether hemp-obtained Delta-8 or marijuana-derived, you cannot visit Utah with Delta-8. There is no near future changeable legislation that might make delta-8 illegal. Under Utah’s current medical cannabis regime, delta-8 is limited and controlled. Delta-8 THC is not currently legal in Utah.

Got questions? Let us know in the comments!

Learn more about delta-8 THC here.

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Jasmin Weber

Jasmin Weber is a seasoned professional in the kratom and CBD industry, contributing her expertise to Grassroots Harvest and GRH Kratom for over three years. A prolific writer, Jasmin crafts engaging content for both the cannabis and kratom websites of these companies and is a recognized voice in related online communities. With a deep-seated passion for the ever-evolving cannabis field, Jasmin dedicates herself to staying at the forefront of industry developments. Jasmin holds a Bachelor of Arts in Human Communication from Trinity University, San Antonio, where she also minored in Creative Writing and Religion, graduating in 2016. Her academic background enriches her ability to communicate complex information clearly and creatively. For collaboration opportunities, Jasmin can be reached at She is keen to explore innovative ideas that advance understanding and engagement in the cannabis and kratom sectors.Bachelor of Arts in Human Communication with Minors in Creative Writing & Religion. Feel free to contact the author at if you have any ideas for collaborations.

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