House passes hemp-code update clarifying THC limits and package caps

Representative Jennifer Dailey-Provost moved an amendment and led floor debate on Substitute H.B.227, a package of annual updates to Utah’s industrial hemp code that the House passed on Feb. 2, 2023.

The amendment adopted on the floor clarifies that industrial hemp products that do not contain THC or a THC analog are not subject to an age-limit restriction on sale. Dailey-Provost explained the bill tasks the Department of Agriculture with regulating and testing industrial hemp products and reflected stakeholder input as technology and product formulations have evolved.

Supporters described the final package as a compromise. Dailey-Provost said the bill strikes a balance between protecting public safety and ensuring patients who rely on hemp products retain access. She explained the package-limit change — from an original 50 mg to 150 mg per package — was negotiated after industry stakeholders argued a higher cap (up to 300 mg) was more in line with standard product packaging; the 150 mg figure was presented as a middle ground to allow typical packaging sizes.

Representative Lyman asked which stakeholders were consulted and whether growers were included; Dailey-Provost said stakeholders included industry actors who have an economic interest in the products’ market. Representative Brooks emphasized the bill’s role in giving the Department of Agriculture clearer enforcement authority and said the measure had been extensively vetted.

The House adopted the amendment and later passed Substitute H.B.227 by voice and recorded vote, 71 yes to 1 no. The bill will be transmitted to the Senate for further consideration.