U.S. Drug Enforcement Administration clarifies federal legality for hexahydrocannabinol. HHC is a synthetic cannabinoid made from the components of the cannabis plant. HHC was confirmed as a Schedule I drug under federal Controlled Substances Act. It has been assigned a special code to classify it.
HHC is found in small amounts in the cannabis plant, but it’s mainly synthesized by hydrogenating cannabidiol. In a Federal Register publication, the DEA stated that hemp derivatives and hemp with less delta-9 than 0.3 % THC are only legal under 2018 Farm Bill. HHC is not included. The DEA states, as a result, that hemp and its derivatives with less than 0.3 percent delta-9 THC are legal only if they contain naturally occurring cannabinoids. This does not include synthetic compounds like HHC.
Assertion of the DEA on Synthetic Cannabinoids
The DEA’s notice specifies that “only tetrahydrocannabinols in or derived from the cannabis plant—not synthetic tetrahydrocannabinols—are excluded from control as ‘tetrahydrocannabinols in hemp.'” It further clarifies that “tetrahydrocannabinols produced through chemical conversion, even when hemp derived are considered synthetically produced for purposes of the CSA, do not qualify as ‘tetrahydrocannabinols in hemp’ under” the 2018 Farm Bill, according to a report by Marijuana Moment.
The DEA has addressed the legal status HHC before. Terrance Boos of the DEA Drug and Chemical Evaluation Section stated in a letter dated 2023 that HHC is “not found naturally within the cannabis plant and cannot be synthesized, and does therefore not fit under the definition hemp.” According to the recent Federal Register document, which was signed by DEA Administrator Terrance Col, this “action does not impact in any way on the status of hexahydrocannabinol being a Schedule I controlled substance.”
Administrative action assigns a DEA Drug Code to hexahydrocannabinol and creates a specific, distinct listing in Schedule I. This measure will enable the DEA to establish an aggregate production quota and grant individual manufacturing and procurement quotas to DEA-registered manufacturers of HHC, who previously operated under the drug code for tetrahydrocannabinols.
International Context and Industry Issues
The DEA notification refers to a recent decision by an international drug-control body to include HHC in Schedule II of United Nations Convention on Psychotropic Substances of 1972. Hemp Gazette previously reported on the Commission on Narcotic Drugs’ (CND) decision, but the U.S. abstained. HHS (Health and Human Services) of the United States has approved the listing of hexahydrocannabinol and the drug codes assigned to it in the CSA.
Despite the DEA’s constant interpretation, certain federal appellate courts have challenged its understanding of what is a cannabinoid legal under the Farm Bill. Due to this ongoing legal ambiguity, the cannabis industry is faced with a highly complex regulatory landscape.
Broader regulatory changes
In November, a provision of the large spending bill that President Donald Trump signed will change the definition of hemp legal in the U.S. Unless this is altered or delayed, legal hemp products will be limited to those that have up to 0.04 milligrams total THC in each container as of November 12, 2018. The DEA clarified the legality of hexahydrocannabinol, and this development indicates a tightening regulation landscape for hemp products.
Disclaimer: The information contained in this article does not constitute medical advice. Hemp Gazette is not a medical provider and does not offer diagnoses or treatment plans. Consult a healthcare professional before you make any decision regarding your health. Therapeutic Goods Administration of Australia has not evaluated statements about the therapeutic benefits of cannabinoid products, hemp or cannabis. TGA regulates the access to medical cannabis in Australia.