On March 12, the United States sat on its hands as the United Nations Commission on Narcotic Drugs approved the recommendation of the World Health Organization to prohibit the cannabinoid HHC on an international level.
Although the U.S. delegaion abstained, the recommended recommendation may have an impact on both the way HHC is classified and scheduled in America.
HHC is a semi-synthetic substance that can be made from THC by hydrogenation. While it’s not new—American chemist Roger Adams Discover the best way to buy your desired product HHC in 1944 by adding two hydrogen molecules to delta-9 THC—the intoxicating cannabinoid became more well-known in the U.S. in late 2021, when manufacturers began selling products with HHC converted from hemp-derived cannabinoids such as delta-8 THC.
Although some say converting hemp-derived cannabinoids to HHC is compliant with the 2018 Farm Bill—which federally legalized hemp in the U.S.—Dr. Ethan Russo, M.D., a board-certified neurologist, told Cannabis Business Times In February 2022, the Federal Analogue Act of 1986 will prohibit drugs and molecules made of Schedule I or II substances if “substantially alike” in nature.
WHAT IS HHC?
In Vienna this week, the United Nations CND approved the inclusion of HHC on Schedule II in the 1971 Convention on Psychotropic Substances. It is an international treaty that aims to reduce the misuse and distribution of some drugs. CND delegated at the session examined how HHC could be consumed, absorbed sublingually and inhaled. Canna Reporter reported.
Forty-eight countries cast favorable votes—including Canada and Uruguay, where adult-use cannabis is federally legal—which was more than the two-thirds majority needed to pass, according to the news outlet. However, the United States abstained.
After the adoption of the resolution, the U.S. Mission to the International Organization at Vienna published the following. The following is a statement by the spokesperson:
The United States supported the use of international scheduling to inform scientific decisions on international drug control. However, the United States was unable to approve the proposal to add hexahydrocannabinol to Schedule II and carisoprodol to Schedule IV of 1971 Convention on Psychotropic Substances. Both substances are controlled by the United States at levels which will enable the United States meet their international obligations as a result of the CND decisions.
According to the National Institute of Health, Carisoprodol, a drug approved by the U.S. Food and Drug Administration, relieves pain and discomfort caused by acute, painful musculoskeletal disorders.
HHC has been the subject of debate in the U.S. about its legality for three years.
Many industry participants claim that HHC is naturally present in small amounts in marijuana. CBT In early 2022, we learned that peer-reviewed studies had failed to prove these claims.
On October 20, 2024, WHO released a Reporting HHC may be found in cannabis plants in trace quantities.
In an April 2024 The letter According to the Louisiana Department of Health (LDH), the U.S. Drug Enforcement Administration determined that HHC is not found in hemp, but can be synthesized. The position was in accordance with the an earlier letter The DEA sent an email to Rod Kight, an international cannabis lawyer declaring delta-8 THC as Schedule I controlled substance and THC-O acetate.
HHC, specifically, is commonly converted from THC in a hydrogenation process that involves adding hydrogen while using a metal catalyst, like palladium, that is liable to ignite spontaneously upon exposure to air, cannabis scientist and educator Greg Gerdeman, Ph.D., told CBT In 2022. Margarine is produced using the same hydrogenation method as used for vegetable oils.
Despite the DEA’s Position that HHC, delta-8 THC, THC-O and “all synthetically derived tetrahydrocannabinols” fall under the list of Schedule I controlled substances, the U.S. Court of Appeals for the Fourth and Ninth circuits have offered rulings that contradict the DEA’s viewpoint.
Fourth Circuit ruled In September 2024, the Ninth Circuit will determine that THC-O is hemp as defined by the Farm Bill of 2018, applying the many considerations used in the May 2022 decision. ruling Delta-8 THC can be purchased under the 2018 Farm Bill.
The 2018 Farm Bill was interpreted by both circuit courts as defining hemp to include “all downstream products that do not exceed the delta-9 THC threshold of 0.3 percent.”
In particular, for the Ninth Circuit’s 2022 ruling, this clear and unambiguous conclusion was essential under the Chevron Doctrine. You can also find out more about the case by clicking here. This required that federal courts defer to interpretations by the federal government agencies ambiguous statutes.
In a 2024 ruling, the U.S. Supreme Court overturned Chevron Doctrine. You can also find out more about the decision-making process by clicking here. The following are some examples of how to use Loper Bright Enterprises, et al. vs. Raimondo Secretary of Commerce. As a result, the Fourth Circuit ruling in September 2024 would still not have required it to follow the DEA interpretation of cannabinoids derived from synthetic sources.
These synthetically-derived hemp cannabinoids, which are not derived from hemp but instead originated in a plant called Cannabis sativa L. (C.), can be considered federally legal by the judiciary branch. However, state and local laws can prohibit or regulate products that contain these cannabinoids.
What is the current position of HHC after the CND approved Schedule II on 12 March?
Jason Adelstone is an attorney with Harris Sliwoski, LLP. He offered to take his own picture On March 14, Canna Law blog posted on the impact of CND’s decision to schedule the CND.
Should the Attorney General? [Pam Bondi] Schedule HHC in accordance with treaty obligations may cause concern regarding the Delegation of legislative powers in violation of the Constitution He wrote: “It is a foreign organism.”
Adelstone laid out several scenarios in which Bondi and U.S. Health and Human Services secretary Robert F. Kennedy Jr. could interact over the course of this year.
If Secretary Kennedy and Attorney-General Bondi adhere 21 U.S.C. § 811 and complete a review of HHC, or at a minimum, order that HHC be added to a CSA schedule, then the process, and HHC’s ultimate placement, could provide valuable insights into the broader cannabis scheduling debate,” the attorney wrote.
Although the potential executive action could take over six months, U.S. legislators continue to work on the definition for hemp. Reauthorization of the Farm Bill Since 2023, this project has been put on hold.