We have all probably heard the adage that today’s cannabis is not your father’s or mother’s cannabis. This statement, and others like it, reference how THC percentages in cannabis have purportedly changed over the last several decades. The rise of concentrated cannabis products has only fueled the conversation, resulting in a number of states enacting limits on how much THC can be in legal cannabis products. Just this year, five states have seen lawmakers introduce bills aimed at capping THC. Here in Utah, while no legislation has been introduced to limit THC, the conversation has definitely become elevated.
The debate around THC potency is often misguided by those who do not understand how cannabis potency actually works. Even when the topic is properly understood, the narrow focus on only capping THC content is misplaced and ignores the reality that consumers will simply find other sources to meet their needs. Limiting THC will also lead to rising costs, as consumers are forced to purchase more cannabis to treat their medical conditions or to achieve their desired effect.
While it is incredibly important to understand how THC levels impact the effects felt from cannabis, and how consuming high-THC cannabis could come with certain risk factors, the answer is not to enact arbitrary limits. The answer instead lies in education, empowering consumers to learn more about the potential impact of THC, especially high-THC. Simply put, prohibition has never worked. So instead of enacting specific limits on THC, states like Utah that currently have no cap on THC should opt for public education campaigns and other ways of informing consumers around THC potency and dosing.
Understanding THC Potency
Before addressing how states are regulating THC potency, it is important to understand what THC potency actually is. When looking at a cannabis product, the product will typically display the THC content in terms of a percentage. That percentage indicates the proportion of THC relative to the total weight of the product, typically measured in milligrams per gram. To calculate the THC percentage for a given product you take the total THC in a product in milligrams and divide that by the total weight of the product in milligrams. That number is then multiplied by 100 to arrive at the THC percentage. So, for example, if a given product has 800 milligrams of THC and weighs 3.5 grams, then its THC percentage would equal 22%.
Although THC content serves some purpose for determining how potent or psychoactive a cannabis product may be, it is just one of the more than approximately 500 distinct chemical compounds in the cannabis plant. In addition to the 100 plus phytocannabinoids (including THC) that are in the cannabis plant, there are hundreds of other terpenoids, flavonoids, and omega fatty acids. It is these cannabinoids and other hundreds of compounds in the plant that together supply the effect from cannabis. This combination of compounds is often referred to as the “entourage effect,” which underscores why determining the potency of cannabis goes far beyond just how much THC a product contains.
In addition to being just one of hundreds of compounds in the cannabis plant, THC content alone does not always determine potency. Things like a consumer’s individual tolerance, metabolism, and level of experience consuming cannabis all factor in to how potent a cannabis product might be. Cannabis consumption can vary greatly from person to person, so it cannot truly be said that one person taking the same dose of THC as another will have the same effect.
Although THC content is not always indicative of potency, it is, however, useful for determining dosing. Once a consumer is informed of exactly how much THC they will get in a single dose, they can then better determine if that amount of THC will meet their needs. Since THC content is most useful to determine dosing, simply capping THC content may or may not result in making cannabis any less potent.
How Are States Addressing THC Potency
While the THC percentage of a cannabis product may not tell the whole story when it comes to potency, a number of states have enacted limitations around the amount of THC that may be contained in cannabis products. Of the 18 medical cannabis only states, between nine and 11 states have some type of cap on THC. Some adult-use states also cap THC, with the most common cap coming around the amount of THC per serving and/or per package of edibles. Other such restrictions are focused on THC percentages in various form factors.
When it comes to flower, 11 of the 18 medical-only cannabis states do not impose any THC limits. Three states—Kentucky, Mississippi, and Texas—enforce strict THC percentage caps on flower, while Alabama, Georgia, and Iowa prohibit flower altogether.
For edibles, nine medical-only states also do not limit THC content. Others, like Hawaii, Florida, and South Dakota, have implemented caps on both per serving and per package. North Dakota, Arkansas, and Kentucky only require per serving limits. Texas enforces a strict cap of less than 1% THC for edibles, while Georgia doesn’t allow edible formats like gummies or capsules at all.
When looking at concentrates, the trend is similar to flower: 11 states allow them without any THC limits. However, Kentucky, Mississippi, Georgia, and Texas impose percentage-based restrictions. Hawaii sets a total cap of 1,000 milligrams of THC in any concentrate product. Meanwhile, North Dakota applies limits only to transdermal patches (50mg THC per patch) and topicals (maximum 6% THC concentration).
As the conversation around THC potency has heated up, five states (Colorado, Florida, Montana, Ohio, and New York) in 2025 have sought to enact potency limits. While not all the same, the measures aimed at limiting THC in the aforementioned states seek to either: 1) limit THC as a percentage of the entire product (Colorado, Florida, Montana, Ohio, and New York); 2) limit the amount of THC per serving and per package (Colorado, Florida, and Ohio); or 3) enact an annual fee for adult-use consumers (Montana).
Opponents Pushing for THC Limits in Utah
In Utah, there is not a cap on THC for any medical cannabis product. There are however state purchase limits that limit the amount of flower (113 grams) and total composite THC (20 grams) a patient may purchase in a 30-day period. A patient’s medical provider or a pharmacy medical provider may determine to impose greater restrictions on a patient’s purchase limits, and may even opt to limit the forms or routes of administration that a patient may use. This ensures that the patient’s recommending medical provider has the ability in the first instance to control dosing and which routes a patient may use to administer their medical cannabis, while also giving the pharmacist consulting with the patient at the pharmacy to make their own dosing recommendations in cases where the patient’s recommending provider opted not to do so.
While there are monthly purchase limits in place, this is apparently not enough for some opponents of medical cannabis in Utah. Starting during the 2025 legislative session, groups like Drug Safe Utah and Eagle Forum started talking openly to lawmakers and in public facing committee hearings about limiting THC content and monthly purchase limits. This ultimately led to further conversations about whether medical cannabis should even be legal in Utah, instead of how the program should be improved and access should be advanced. While no legislation to limit THC potency was ever introduced during the general session, the tenor of the conversation around medical cannabis in Utah, and specifically THC potency, definitely took a turn in a new direction.
Following the end of the 2025 legislative session, proponents of limiting THC potency have continued to amplify their voices to lawmakers. In a letter to lawmakers, the Director of the Utah Department of Health and Human Services, and the Medical Cannabis Policy Advisory Board, Walter Plumb (head of Drug Safe Utah) encouraged lawmakers to enact, among other things, a strict 10 percent cap on THC in Utah medical cannabis products. Mr. Plumb also advocated for patients to be limited to no more than two grams in a 30-day period. According to Mr. Plumb, limiting THC and purchase limits in the ways in which he is advocating will reduce adolescent use and diversion.
Over the last couple of months, Utah Medical Cannabis Policy Advisory Board (MCPAB) has been discussing THC content and patient purchase limits. During its July meeting, members of the Eagle Forum and Drug Safe Utah provided public comment that made it clear that they intend to “run a bill” in 2026 that will drastically decrease the allowable THC content in products and reduce the amount a patient may purchase on a monthly basis. The comments from Eagle Forum and Drug Safe Utah were met with resistance from the members of the MCPAB. The head of the newly titled Specialized Products Division even chimed in to express his concerns regarding how limiting THC content might impact the overall safety of medical cannabis products, as lowering THC will likely lead to producers using other “fillers” in their products, which could prove dangerous for patients. Despite the stern opposition to the proposal, Utah lawmakers are likely to be lobbied and encouraged to enact THC caps and other strict purchase limits during and leading up to the 2026 legislative session.
Limiting THC Is Not the Answer, Education Is
The prevailing trend when it comes to addressing THC potency has certainly been to limit the THC content, whether in terms of THC percentage, per serving amounts, or total THC measured in milligrams in a product. This strategy is misguided, and truly ignores that outside of edibles or other ingestible products, it is incredibly difficult to limit THC content. Trying to do so will only result in lower quality products, lesser medicinal benefits, rising costs for consumers, and putting consumers in the uncomfortable position of engaging in illegal behavior to obtain their desired effect from cannabis.
The true answer to addressing THC potency is education, not prohibition. Consumers should be made aware through retailers, producers, public health agencies, and medical providers how THC potency may impact them, including any risk factors that higher concentrated cannabis products might pose. Once better educated, consumers can make informed decisions about their consumption, which will hopefully lead to more responsible use, less need for medical intervention, and a better health outcome for the consumer.
In Utah, there are currently a number of educational resources that patients can access to better understand THC potency. DHHS maintains on their website information related to THC potency, including potential contraindications or other warnings regarding high potency consumption. This information has only become more readily available to patients as pharmacies are now providing patients with ways to access product information inserts for medical cannabis products. Beyond the information available form DHHS, medical cannabis processors are now authorized to maintain their own websites to provide information to patients around the medical cannabis products they produce.
On the pharmacy side of things, patients have always had access to consult with a pharmacist. Indeed, as part of each transaction, pharmacy agents are required by law to offer a patient the opportunity to meet with a pharmacist to have any of their questions answered. Patients are also able to meet with their medical providers, both when they first get or renew their medical card, to have their questions answered, including to discuss purchase limits, routes of administration, and any directions for use.
As the medical cannabis program continues to move forward in Utah, public health agencies like DHHS or another state agency that regulates cannabis, UDAF, could seek funds from lawmakers to put out public health education campaigns that focus on THC potency and other education that will help patients understand how high-THC products may impact them. Somewhat similarly, lawmakers could consider legislation that focuses on educating patients abut THC potency, instead of just enacting some kind of arbitrary cap on THC. At the very least, lawmakers and regulators alike should do their very best to understand the issue of THC potency before enacting any limits that may lead to rising patient costs, more consumption, or patients being forced to engage in illicit behavior.
Disclaimer: The preceding is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Nothing herein creates an attorney-client relationship between J. D. Lauritzen, Salt Baked City, and the reader.
