Is HHC Legal?
Is HHC legal federally?
Read our legal disclaimer
You might have heard of HHC by now.
HHC, or hexahydrocannabinol, is the hemp deriviative that might actually be the most similar compound to THC. In fact, scientists first produced HHC by modifying the structure of THC. They used a delta-9 THC molecule and hydrogenated it. I.e. all they did was add a hydrogen atom.
These days, things are a bit different. We start with hemp derived products, instead of delta-9 from cannabis. Since we make our HHC from hemp, it is Federally Legal under the 2018 Farm Bill.
The best part is, HHC is not even a THC variant. Unlike THCO, Delta 8 THC, and Delta-10 THC, HHC may offer a bit more freedom in states that have banned different types of THC products.
State laws always supercede Federal when it comes to hemp products. It is very important to read up on your local laws before purchasing or consuming hemp products. However, legal HHC is codified in most state laws as well.
DXHALE has compiled a directory of state laws on Delta 10 legality. In most cases, HHC laws follow those of Delta 10. Feel free to use these Delta 10 laws as a jumping off point in studying the legality of HHC in your state.
As always, you must do your own research to confirm.
On the federal level, all derivatives, isomers, and cannabinoids in hemp are legal under the 2018 Farm Bill as long as the product for sale contains less than 0.3% of Delta-9 THC. Read our legal disclaimer.
SEC. 297A. DEFINITIONS.
(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
You may have also wondered about the Federal Analogue Act, and how that affects the legality of HHC. The Federal Analogue Act falls under the Controlled Substances Act, and mentions hemp derived THC products. Since HHC is not technically a THC product, the Analogue Act may not apply.
Reviewing the 2018 Farm Bill, you can see that it also added an amendment to the Controlled Substances Act. The amendment excludes all THC found in hemp from the Controlled Substance Act. Read the text below.
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) IN GENERAL.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(1) by striking ‘‘(16) The’’ and inserting ‘‘(16)(A) Subject to subparagraph (B), the’’; and
(2) by striking ‘‘Such term does not include the’’ and inserting the following:
‘‘(B) The term ‘marihuana’ does not include—
‘‘(i) hemp, as defined in section 297A of the Agricultural Marketing Act of 1946; or
‘‘(ii) the’’. (b) TETRAHYDROCANNABINOL.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection
(c)(17) by inserting after ‘‘Tetrahydrocannabinols’’ the following: ‘‘, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)’’.
STATE LAWS ABOUT DELTA-10
In general, state laws about HHC follow closely with state laws about Delta-10. If you are looking for state specific HHC laws, we recommend using this resource as a starting point. Delta-10 laws may give you context to understand if HHC is legal in your state. As always, it is important for you to do independent research about the legality of HHC in your state.