4 Things to Know About THC Concentrate Laws and the Utah Cannabinoid Research Act in Utah

THC (tetrahydrocannabinol) concentrates are concentrated extracts from the marijuana plant. Some of the street names include "dab," "wax," and "shatter." These concentrates deliver a higher percentage of THC than a marijuana plant alone. Some concentrates are also named after the way the THC is extracted. Butane hash oil (BHO) uses butane to extract the THC and concentrate it. While there are some legal ways to use or possess THC concentrates in Utah, it is commonly used illegally in e-cigarettes or incense.

1. What are THC concentrates?

THC is the psychoactive ingredient in cannabis that makes someone high. THC concentrates pull the THC out of cannabis and concentrate it so it can be used in all kinds of things.

For a quick science lesson, here is a breakdown of the definitions of each part of the plant as outlined in the law for those who can legally possess or distribute THC concentrates as part of an approved study. Other definitions also exist within the law. For example, see the Hemp and Cannabinoid Act. 

• Cannabis - any part of the plant cannabis sativa
• Cannabinoid product - a product intended for human ingestion that contains an extract or concentrate that is obtained from cannabis, is prepared in a medicinal dosage form, and contains at least ten units of cannabidiol for every one unit of THC.
• Expanded cannabinoid product - a product intended for human ingestion that contains an extract or concentrate that is obtained from cannabis, is prepared in a medicinal dosage form, and contains less than ten units of cannabidiol for every one unit of THC.

So, expanded cannabinoid products have more THC than regular cannabinoid products. 

Note: CBD is short for cannabidiol, which is the other main compound in cannabis. CBD can come from hemp or marijuana, but CBD products derived from marijuana may have more trace amounts of THC.

2. How can someone legally buy, sell, or use THC concentrates in Utah?
   

The Utah Cannabinoid Research Act allows a person to possess or distribute a cannabinoid product or expanded cannabinoid product for the purposes of an approved study. In short, if you are conducting or are officially participating in a legal study involving cannabinoid products, and you are complying with the Utah Code, there are laws in place that protect you from prosecution. 

However, if you are not part of a study, then possession, distribution, and use of a THC concentrate could be prosecuted as a marijuana drug charge. Although, there are other ways to legally possess/distribute THC through a medical marijuana card or the industrial hemp bill 

3. What are the penalties for marijuana crimes in Utah?

If you are charged with a THC concentrate crime, and you are not engaged in any activity that is not part of a study, your crime will be classified as follows, depending on the amount of THC involved and the type of activity.

• Possession of less than 1 ounce — Class B Misdemeanor
• Possession of 1 ounce or more but less than 16 ounces (1 pound), or possession of less than 1 ounce in a school zone — Class A Misdemeanor
• Possession of 16 ounces (1 pound) or more but less than 100 pounds, possession with intent to sell, or cultivation — Third-Degree Felony
• Possession of more than 100 pounds, possession with intent to sell in a school zone, or distribution in a school zone — Second-Degree Felony

If you are convicted of a THC concentrate offense, you will be subject to the standard range of punishments for Utah crimes.

• Class B misdemeanor in Utah: Imprisonment for a term of no more than six months and a fine of no more than $1,000 (plus potential 90% surcharge)
  
  
• Class A misdemeanor in Utah: Imprisonment for a term of no more than one year and a fine of no more than $2,500 (plus potential 90% surcharge)
  
  
• Third-degree felony in Utah: Imprisonment for a term of no more than five years and a fine of no more than $5,000 (plus potential 90% surcharge)

• Second-degree felony in Utah: Imprisonment for a term of one to fifteen years and a fine of no more than $10,000 (plus potential 90% surcharge)

4. How do I find an experienced lawyer to defend my marijuana case in Utah?

If you were charged and/or arrested in Utah for an alleged crime involving THC concentrates, the lawyers at Brown, Bradshaw & Moffat are ready to help and have decades of experience to help you get the best outcome for your case. We are aggressive and knowledgeable when it comes to defending our clients accused of marijuana crimes.

Contact us at (801) 532-5297 for a free consultation if you have questions about THC concentrate charges, or if you are ready to talk about the best way to defend your case.

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