When it comes to state-legal cannabis, Utah is considerably more conservative than most of its neighbors. So it’s no surprise that lawmakers in the Beehive State are looking at banning THC analogs in medical cannabis products. Neighboring states like Colorado and Nevada have already done so.

The concern with THC analogs and other synthetic cannabinoids is one of safety. There is little to no scientific data proving the analogs are safe for human consumption. Not only that, but there have also been reports among some Utah medical cannabis users of adverse reactions to analog substances.

For purposes of the law, Utah defines THC analogs as any “substance that is structurally or pharmacologically similar to, or is represented as being similar to, delta-9-THC.” It is a pretty broad definition that includes delta-8, delta-10, and delta-6 THC.

New Labeling Requirements

The operators of the Deseret Wellness medical cannabis pharmacy in Provo say that the state recently issued a bulletin outlining new labeling requirements for manufacturers in Utah. Manufacturers are now required to report THC analogs and synthetic cannabinoids on product labels. The requirements appear to be the first step in addressing the THC analog issue.

Why take the step? Because Utah legislators will not meet again until 2023. Even if they do get new rules in place to ban THC analogs and synthetic cannabinoids, those rules are unlikely to go into effect until spring 2023, at the earliest. In the meantime, the Department of Health and Human Services (DHHS) wants patients to be aware if they are consuming analogs or synthetic cannabinoids.

Most Derived from CBD

Medical cannabis product safety is the main impetus behind the push to ban THC analogs. But there is another motivation here: most of the analogs are not natural substances extracted from cannabis plant material. They are synthetic cannabinoids derived from CBD using a chemical process. This is especially problematic for the legal CBD market.

The way state and federal laws are structured, manufacturers of legal CBD products can put THC analogs like delta-8 in their products without crossing the line of legality. That is because CBD products are classified according to the amount of delta-9 THC they possess. As long as the volume is 0.3% or less, a given product is classified as a legal CBD product.

It doesn’t matter that delta-8 possesses psychotropic properties. It doesn’t matter that CBD users looking to get high can do so without a medical cannabis card. All they need to do is buy a CBD product infused with delta-8 THC.

Killing Two Birds with One Stone

Banning THC analogs and synthetic cannabinoids kills two birds with one stone in Utah. It addresses the safety issues lawmakers, doctors, and patient advocates have with THC analogs. It also closes the current loophole that allows CBD manufacturers to add psychotropic analogs to their products.

It is still too early to tell whether lawmakers will make the required changes during 2023’s legislative session. But if history is any indicator, they will get their ban. By this time next year (December 2023), the chances are pretty good that THC analogs and synthetic cannabinoids will be outlawed in Utah.

The one thing that could derail the plan is a federal decriminalization bill. But as we close in on the end of 2022, it is looking less likely that Congress will fully decriminalize marijuana. If they take any action at all, they are more likely to reschedule it. Time will ultimately tell. For the time being, Utah medical cannabis patients concerned about THC analogs are urged to carefully read product labels. Labels are their best defense against ingesting something they don’t want in their bodies.