Delta 8 THC in Utah: Is It Legal & Where to Buy in 2021?

Area 52
September 06, 2021 | Legal

Utah is one of the few states that has weed legalized on some level (medical, in this case) yet has delta 8 on its list of controlled substances.

This seems like a huge discrepancy, and it likely is, but there’s concern over the safety of delta 8, although it has less potent effects.

This article takes an in-depth look at the legal status of marijuana and alternative cannabinoids like D8, D10, and CBD in the state of Utah — and why delta 8 is such a big deal even in states where weed is legal.

Is Delta 8 THC Legal in Utah?

Delta 8 THC is currently banned in Utah under the Utah Controlled Substance Act. 

The good news is that medical marijuana is considered legal in Utah according to HB 3001, as are CBD and industrial hemp.

It’s important to note that delta 8 THC is considered federally legal under the 2018 Farm Bill. This bill legalizes the growth and distribution of industrial hemp and its derivatives across the United States, as long as it contains less than 0.3% D9 THC — this includes Area 52’s hemp-derived products.

The Farm Bill implies that delta 8 THC products are entirely legal if made from hemp rather than marijuana. However, Utah specifically lists any version of tetrahydrocannabinol as illegal.

Do I Need a Medical Card In Utah to Buy Delta 8 THC?

In most states, you can buy hemp-derived products without a medical cannabis card; however, some states have banned delta 8, and others even have strict regulations regarding CBD.

If delta 8 is legal, you don’t need a medical card to buy it, nor will a medical marijuana card make it legal for you.

If delta 8 is legal in your state (unlike Utah), you don’t have to waste your time with the long-winded and drawn-out medical cannabis card application process to get your hands on THC.

Where to Buy Delta 8 THC in Utah

Unfortunately, delta 8 THC is not available in Utah (legally). This means no reputable vendor will ship to this state.

If you want to try delta 8 THC products yourself, you’ll need to visit another state where delta 8 THC is legal.

You can head to Wyoming or New Mexico, where delta 8 THC is legal — but we advise against traveling across state lines. As soon as you enter Utah, these products become illegal again.

None of the other neighboring states to Utah allow the sale or possession of delta 8 THC.

With that said, the best place to buy delta 8 THC, in general, is online.

The benefits of ordering delta 8 THC online:

  • Online shops have better pricing and seasonal discounts
  • When you buy online you can read customer reviews & third-party tests before you buy
  • Ordering online is easier and more convenient
  • Online shops have a greater selection of products
  • Products left on store shelves degrade more quickly

Is Delta 10 THC Legal In Utah?

Gavel and Justice Scale - Is Delta 8 Legal in Utah

In Utah, the same restrictions that apply to delta 8 THC apply to delta 10 THC.

Users can consult the federal Drug Scheduling list or read more about the Schedule I Status of Marijuana on trusted government websites to get a better scope of what is permissible when it comes to marijuana and cannabinoids in your state.

What’s the Difference Between Delta 8 THC & Delta 9 THC?

So, why is delta 8 illegal while medical marijuana is legal? Ultimately it comes down to the newness of delta 8.

Because of the processes required to extract it, some people worry it might be too dangerous, and they want to keep it out of the public’s hands until they can study it more.

Even though delta 8 is illegal in Utah, medical marijuana is still an option for some people.

Still, many wonder how delta 8 and delta 9 are different enough that one is outlawed. They’re very similar, but the differences are worth noting.

Delta 8 THC is a naturally occurring cannabinoid found in the hemp plant. Delta 9 is, too, but in much higher amounts. Delta 8 has to go through certain extraction processes in order for it to be worthwhile. This requires certain chemicals that are removed when correctly done.

Delta 8 has mild psychoactive effects; it’s a more mellow and clear-headed feeling. It has a sedative profile, making it perfect for sleep support. Most users report relaxing sensations, and it’s less likely to create anxiety or paranoia for users.

The main differences between delta 8 and delta 9 THC include:

  1. Delta 8 THC has its double bond on the carbon chain in the 8th place, delta 9 THC in the ninth.
  2. Delta 8 THC is sleep-inducing, while delta 9 THC can interfere with sleep productivity.
  3. Delta 8 THC is about half as psychoactive as delta 9 THC.
  4. Delta 8 THC is soothing regardless of dosage, while delta 9 THC tends to be stimulating at high doses.
  5. Delta 8 THC is considered legal more widely than delta 9 THC.
  6. Delta 8 THC is easy to order online from a reputable vendor; delta 9 THC is not.

Delta 8 THC is an excellent option for users looking for a mild to moderate psychoactive experience without the anxiety, paranoia, or loss of sleep that can sometimes be associated with delta 9 THC.

Comparison Chart for Delta 8 & Delta 9 THC

Delta 8 THC  Delta 9 THC
Anxious Side Effects Mild Moderate
Appetite Stimulating Strong Moderate
Available to Order Online? Yes No
Dosage Sedative at all doses Sedative at low doses

Stimulant at high doses

Legality Widely legal Illegal
Psychotropic Level Moderate Strong
Sleep Support Effects Strong Moderate

Marijuana Laws In Utah

The laws surrounding cannabis depend on the classification of the cannabis product. Hemp products are legal; marijuana products are regulated.

Learn More: What’s the difference between hemp and marijuana?

Because of HB 3001, medical marijuana is considered legal or decriminalized in the state of Utah. There is an entire medical cannabis program in place [1].

You can review the cannabis decriminalization mandates in the Utah Code Section 58-37-3.7.

To buy or use medical marijuana products, residents must first acquire a medical cannabis card.

Requirements for a Medical Marijuana Card In Utah:

  1. Patients must be Utah Residents
  2. Patients must be diagnosed with a qualifying medical condition
  3. Patients must receive a doctor’s recommendation from a medical provider that is registered with the Utah Department of Health

Qualifying Conditions for a Medical Marijuana Card In Utah:

  • HIV or acquired immune deficiency syndrome
  • Alzheimer’s disease
  • Amyotrophic lateral sclerosis
  • Cancer
  • Cachexia
  • Crohn’s disease or ulcerative colitis
  • Epilepsy or debilitating seizures
  • Multiple sclerosis or persistent and debilitating muscle spasms
  • Persistent nausea that is not significantly responsive to traditional treatment, except for certain forms of nausea
  • Post-traumatic stress disorder (PTSD) that’s being treated and monitored by a licensed health therapist

If a patient meets all of the criteria, they may submit an application online, pay a $15 application fee, and have their application certified online by their medical provider. Patients will need to update and renew their medical cannabis cards regularly.

Medical cannabis cardholders in Utah may only purchase cannabis products from approved vendors at specific pharmacy locations. Qualified patients are allowed to possess unprocessed medical marijuana flowers of up to 113 grams or no more than 20 grams of composite THC within a 30-day supply period.

Is Hemp or CBD Legal In Utah?

Industrial hemp is recognized as legal in Utah as long as it contains below 0.3% D9 THC.

If the hemp production process follows the guidelines set forth by the USDA, like testing protocols, sample collection, and adhering to below threshold THC levels, hemp plants and any derivatives thereof are considered legal in Utah.

CBD products like gummies, tinctures, and vape carts can be purchased, ordered, and used across Utah without restriction.

Is Delta 8 THC Natural or Synthetic?

Delta 8 THC is natural because it exists regardless of human intervention. It forms naturally as delta 9 THC breaks down.

Some convert to delta 8, while the rest convert to another cannabinoid called CBN (cannabinol).

Fruits and vegetables are also naturally occurring. But, to grow enough fruits and vegetables to sell them in the marketplace in large quantities, human intervention is required. The same applies to delta 8 THC.

Creating delta 8 involves recreating the optimal environment for it to form. This means changing the pH and temperature of hemp extracts. This process is fundamentally different from the process of synthesizing molecules.

Since synthetic cannabinoids do not occur in nature, they are created in a lab, we can conclude that delta 8 THC is not synthetic but a naturally occurring compound that forms in cannabis.

How to Use Delta 8 THC?

Hemp Plants in the Field Under the Sunny Sky

Delta 8 THC is available in a wide variety of formats, and there is something out there for everyone.

Some users prefer to smoke D8 products, while others like to ingest them through tinctures or gummies. Each option varies slightly in dosage, impact, onset time, and duration of the experience.

Everyone is different, and each product will affect users differently. Factors like body weight, height, metabolism rate, method of consumption, dosage, and other personal attributes will impact the effects.

Here’s a review of each type of D8 product to help you decide what format makes the most sense for you.

Comparing Delta 8 THC Product Types: 

D8 Tinctures D8 Vapes D8 Gummies
Onset Time 30 Minutes – 1 Hour Immediate 45-60 Minutes
Duration  3-8 hours 1-2 Hours 4-6 Hours
Pros Discreet, long-lasting, easily absorbed Instant effects, easy, variety of flavors Discreet, easy to divide doses, fun flavors
Cons Harder to dose accurately, the taste can be an issue Not discreet, hard to dose accurately, effects don’t last as long, cheap products are risky Longer onset time, ingredient quality

1. Delta 8 THC Tinctures

Delta 8 THC tinctures are a liquid form of D8. They are created by combining delta 8 THC isolate with a carrier oil (like MCT oil) and sometimes other ingredients like sweeteners, flavors, and colors, depending on the vendor and the specific product you choose.

Since D8 tinctures combine the cannabinoids with oil, they’re fat-soluble, meaning they’re quick and easy for the body to absorb. They also tend to be a low-calorie option unless they’re full of sweeteners.

Using delta 8 tinctures is simple. Squeeze a dropper full into the mouth (usually sublingually) to let the body absorb the cannabinoid-oil combination.

A typical dose of one dropper full includes 15-20 milligrams of D8 distillate. The onset time is usually between 30 minutes to one hour, and effects can last anywhere from 3-8 hours.

Tinctures tend to be a popular choice for D8 products since they’re discreet, easy to dose, and quick to take.


  • Quick and easy to take
  • Oil-based tinctures are fat-soluble and easily absorbed by the body
  • Effects last a long time


  • Taste can be an issue for some people
  • Could include undesirable ingredients like artificial sweeteners or dyes

2. Delta 8 THC Vapes

Delta 8 THC vape carts are small electronic vaporizers that turn delta 8 THC distillate into vapor. Users hold down a button on the vape cart to activate the heating element. This, in turn, heats and vaporizes the D8 distillate into a steam-like substance that users can smoke.

Delta 8 vape carts are a popular choice because they are easy to use and convenient. Vape carts are usually available in tons of different flavors, so you can choose your favorites and try them all.

Delta 8 THC vape carts aren’t the best option for users looking for something discreet since the vapor it produces can be seen (or smelled) by anyone else around.

One perk about vapes is that the onset time is rapid since the product is inhaled directly into the lungs. However, the effects don’t last as long as a gummy or tincture.

Be sure to check that your delta 8 THC vape is made with high-quality parts like a CCELL battery made of glass. This ensures that your product is safe to use.


  • Easy to use
  • Lots of flavor options
  • Effects set in right away


  • Sometimes made with poor quality materials
  • Effects don’t last as long as other products
  • Not very discreet

3. Delta 8 THC Gummies

Delta 8 THC gummies are a very popular way to take delta 8 THC. Users love how easy and delicious they are.

High-quality delta 8 THC gummies are simple to dose because they contain consistent amounts of D8 distillate throughout each gummy. This makes it a breeze to measure and cut your dose in half or double it. Most gummies contain between 10-25 milligrams of D8 distillate each.

Gummies tend to have the longest onset time of the D8 products, usually close to an hour.

Some gummies are vegan, gluten-free, and GMO-free; others contain artificial flavors, dyes, and sweeteners. Check the packaging or ingredient list before you buy to make sure you’re getting a gummy product that meets your dietary and ethical guidelines.

Gummies are the most discreet option when it comes to dosing. Just pop a fruity flavored candy in your mouth and chew it up. If you’re trying to keep your dosing on the down-low, Area 52’s gummies are the way to go.


  • Super discreet way to consume delta 8 THC
  • Come in lots of flavors and variety packs
  • Consistent for dosing


  • Might contain dyes, artificial sweeteners, flavors, or gluten/animal-based products
  • Longer onset time

What’s the Future of Delta 8 THC In Utah?

Utah may currently view delta 8 THC as a restricted item, but that probably won’t last long.

Since Utah decriminalized medical cannabis in 2018, things are looking up for resident cannabis users, and it’s only a matter of time before THC becomes more widely legalized.

Soon enough, D8 and all forms of THC are likely to be legalized in Utah and the rest of the United States.

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