An Overview of Utahs CBD Extract-Only Medical Marijuana Law

On Friday, March 21, 2014, Utah Gov. Gary Herbert signed into law H.B. 105, a bill that
exempts individuals with intractable epilepsy from certain criminal penalties for the use
and possession of marijuana extracts that are very low in tetrahydrocannabinol (THC)
and sufficiently high in cannabidiol (CBD). The law allows both the Department of
Health and research institutions to cultivate industrial hemp for agricultural or research
purposes. Because the law only applies to low-THC marijuana, MPP does not consider
Utah a medical marijuana state. In addition, the law may well be unworkable.
What type of marijuana does the bill apply to? The bill will only apply to hemp
extracts, marijuana extracts with less than 0.3% THC and at least 5% CBD by weight.
Note that the law as originally enacted provided for 15% CBD by weight; this was
reduced to 5% in the 2016 legislative session.
Who qualifies for this limited program? Only individuals who suffer from intractable
epilepsy qualify for the program. Intractable epilepsy is epilepsy that, as determined by
a neurologist, does not respond to three or more treatment options overseen by the
neurologist. In addition, patients must be residents of Utah and 18 years of age or older.
Can minors with intractable epilepsy use CBD oils under this law? Yes, but the parent
or legal guardian must be responsible for the childs CBD use.
Whats a hemp extract registration card? Hemp extract registration cards are issued to
either a patient, or, in the case of minors, their parent/legal guardian. To obtain a card, the
patient must submit to the health department a statement signed by a neurologist that the
patient has intractable epilepsy and that he or she may benefit from using hemp extract.
Can qualified patients grow their own industrial hemp for the purposes of making their
own extracts? No, the only entities that are allowed to grow industrial hemp in Utah are
the Department of Health and research institutions.
How does a qualified patient access hemp extracts? The bill provides no specific
provision creating a point of access for hemp extracts. However, to be covered by the
law, a patient must have obtained the extract in a sealed container with a label indicating
its place of origin. In addition, the extract must come with a certificate of analysis
developed by a testing lab in the state in which the extract originated. That lab cannot be
affiliated with the producer of the extract and must also transmit the certificate of analysis
to the Utah Department of Health. The certificate must have a unique number that
corresponds to a number on the extracts sealed container and must indicate the
percentages of THC and CBD. Most medical marijuana states have residency
requirements, and its unknown if any laboratories will be willing to do this. It is also

unclear if a patient would be allowed to obtain hemp extracts from the health department
or a research institution if they chose to grow industrial hemp for research purposes.
When did this law take effect? The law took effect on July 1, 2014.