Section 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) It is unlawful for any person to:
  • (a) distribute, sell, or market an industrial hemp product or cannabinoid product that is:
    • (i) not registered with the department under Section 4-41-104; or
    • (ii) noncompliant material;
  • (b) transport into or out of the state extracted material or final product that contains 0.3% or more of total THC; or
  • (c) produce, sell, or use a cannabinoid product that is:
    • (i) added to a conventional food or beverage, as the department further defines in rules described in Section 4-41-403;
    • (ii) marketed or manufactured to be enticing to children, as further defined in rules described in Section 4-41-403; or
    • (iii) smokable flower.

• (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.

Amended by Chapter 74, 2022 General Session
Amended by Chapter 74, 2022 General Session, (Coordination Clause)
Amended by Chapter 290, 2022 General Session