One of the main reasons HHC is so popular is because it can be made from hemp.
According to the 2018 Farm Bill, HHC is legal as long as it’s derived from hemp. However, some states have conflicting laws that could make HHC illegal.
There’s just one problem — because HHC products are so new to the market, there’s no direct mention of them in any local state law. This leaves a lot of room for interpretation on which HHC productsare legal and which ones are illegal.
In this article, we’ll shed light on the current regulatory status of HHC in all 50 US states, along with some insight into how these laws could change in the near future.
What Is HHC?
Hexahydrocannabinol (HHC) is a naturally-occurring cannabinoid chemically-related to THC. To learn more about HHC cannabinoid, we first need to know that it was discovered in the 1940s but couldn’t be extracted in high enough quantities to be of any use — until recently. New methods of isolation have been developed that can produce high quantities of HHC for use in commercial products.
There aren’t any clinical studies on HHC’s effects in humans, so everything known about its effects and benefits comes from anecdotal reports or is projected from current research involving THC.
Is HHC Natural or Synthetic?
HHC has been found numerous times in raw cannabis material. It’s naturally occurring, but only in trace amounts.
HHC forms as THC and other cannabinoids break down into more stable forms. Most THC converts to CBN (cannabinol), but a small percentage remains long-term in the form of HHC.
With that said, it’s also possible to create HHC synthetically. It should be noted that all synthetically-derived cannabinoids are illegal.
Is HHC Legal?
The legal status of HHC is complicated, but most legal experts agree it’s legal under current federal regulations (2018 Farm Bill) —as long as it’s derived from hemp and contains no more than 0.3% THC by dried weight.
However, some states have chosen to restrict alternative cannabinoids like delta 8 THC. While no state legislature has explicitly restricted HHC yet, many assume that states with delta 8 restrictions are likely to invoke similar restrictions on HHC if it gains enough popularity.
HHC Legality by State
It’s important to remember that there aren’t any laws restricting HHC specifically in any state. However, it’s safe to assume that states that have passed delta 8 restrictions would likely consider HHC illegal as well.
The legal status of HHC in each state:
Alabama
HHC Legality: Likely legal
Alabama state law bans all tetrahydrocannabinols, except for those found in hemp. This means hemp-derived HHC is legal here.
Alaska
HHC Legality: Likely illegal
Alaska’s legislature doesn’t specify the difference between THC compounds from hemp versus marijuana. It’s likely that HHC is illegal here, regardless of whether or not it came from hemp or marijuana.
Arizona
HHC Legality: Likely Illegal
Arizona prohibits psychoactive cannabinoids from the entire cannabis genus. This means HHC derived from hemp is likely viewed the same way as HHC derived from marijuana.
Arkansas
HHC Legality: Likely legal
Arkansas law closely resembles federal law —suggesting that only marijuana-derived THC is illegal. Hemp-derived compounds are legal.
California
HHC Legality: Likely legal
Hemp-derived ingredients are exempt from the regulations relating to cannabis extracts. This means hemp-derived HHC is likely legal here.
Colorado
HHC Legality: Likely illegal
Colorado bans any form of modification of cannabinoids regardless of whether or not they’re found naturally in hemp or not.
Connecticut
HHC Legality: Likely legal
New laws enable all cannabis extracts to be legally sold in Connecticut, but only through the states regulatory network.
Delaware
HHC Legality: Likely illegal
Delaware law doesn’t differentiate between the psychoactive ingredients in marijuana versus hemp. Any psychoactive compound from the genus cannabis is illegal in Delaware.
Florida
HHC Legality: Likely legal
Hemp-derived ingredients are not subject to the prohibition laws for cannabinoids in the state of Florida.
Georgia
HHC Legality: Likely legal
There’s no indication that hemp-derived ingredients are illegal in the state of Georgia.
Hawaii
HHC Legality: Likely illegal
There’s no clear information on whether HHC is legal in Hawaii or not because nothing is mentioned in the legislature that would exclude or include active constituents from hemp.
Idaho
HHC Legality: Likely illegal
Idaho is one of the few states that still ban hemp extracts — this includes delta 8 THC and HHC. CBD is only legal here in isolate form.
Illinois
HHC Legality: Likely illegal
There’s no mention of HHC in the Illinois legislature, but the state does specifically ban delta 8 THC.
Indiana
HHC Legality: Likely legal
THC levels are strictly controlled, but as long as the THC doesn’t exceed 0.3% and the extract is derived entirely from hemp, it’s considered legal in the state of Indiana.
Iowa
HHC Legality: Likely legal
Iowa specifically mentions delta 8 THC as illegal, but there are no indications the state is taking steps to add HHC to the banned substances list in the near future.
Kansas
HHC Legality: Likely legal
Kansas bans all tetrahydrocannabinols, but only if they’re derived from hemp. There’s a specific exclusion for hemp-derived substances in Kansas state law.
Louisiana
HHC Legality: Likely legal
Louisiana is notoriously harsh on drug laws. They’re one of the only US states to ban plants like kratom, kava, and kanna. However, there’s no indication that HHC or delta 8 are considered illegal (yet) within the state.
Maine
HHC Legality: Likely legal
Maine cannabis laws closely mimic the language used in federal regulations. This means HHC is likely legal as long as it’s derived from hemp.
Maryland
HHC Legality: Likely illegal
Maryland considers any psychoactive cannabinoid illegal, regardless of whether or not it’s derived from hemp. This means HHC is most likely illegal in the state of Maryland.
Massachusetts
HHC Legality: Likely illegal (soon)
Massachusettes recently added delta 8 to its list of prohibited substances regardless of its origins. HHC isn’t on the list yet, but experts expect it to be added very soon.
Michigan
HHC Legality: Likely illegal
Michigan considers all forms of THC illegal, regardless of source. It’s unclear what stance Michigan will take on related compounds like HHC.
It’s interesting to note that some municipalities in the state of Michigan, such as Ann Arbor, have recently moved to decriminalize naturally occurring psychoactive substances such as psilocybin.
Minnesota
HHC Legality: Likely legal
There’s no mention of HHC in Minnesota state law. Currently, any hemp-derived cannabinoid containing less than 0.3% THC remains legal in the state.
Mississippi
HHC Legality: Likely legal
Mississippi is one of the only states that doesn’t differentiate between hemp and marijuana. However, there are no specific mentions of HHC or any direct language that may deem HHC illegal.
Missouri
HHC Legality: Likely legal
Missouri only prohibits hemp-derived extracts that exceed the federal limit for THC (which is currently 0.3% but talks are underway to increase this to 1%).
Montana
HHC Legality: Likely legal
The language for THC is vague in the state of Montana, and there are no exceptions made for compounds derived from hemp. This means delta 8 is illegal. Montana law doesn’t specify HHC products derived from hemp.
Nebraska
HHC Legality: Likely legal
Cannabis laws in Nebraska resemble the language used in the federal bill — this means any hemp-derived cannabinoid extract is legal, so long as the THC level remains below 0.3%.
Nevada
HHC Legality: Likely legal
HHC is not mentioned anywhere in the Nevada state legislature. However, delta 8 is named as a prohibited substance here. It’s likely that HHC will be added to the banned substances list in the coming months.
New Hampshire
HHC Legality: Likely legal
There are no indications that HHC is considered a prohibited substance in the New Hampshire state legislature —as long as it’s derived solely from hemp and contains no more than 0.3% delta 9 THC.
New Jersey
HHC Legality: Likely legal
There’s no indication that HHC is illegal in the state of New Jersey as long as products fit the legal description for cannabinoid products as per the federal government.
New Mexico
HHC Legality: Likely legal
New Mexico uses the same language for all cannabinoids as the federal government. Hemp-derived HHC is legal as long as THC levels remain below federal thresholds.
New York
HHC Legality: Likely illegal
New York recently banned delta 8 and delta 10 THC, but there is no mention about the prohibition of HHC anywhere in the state legislature. Based on the recent history, there’s a high chance HHC will be banned here soon too.
North Carolina
HHC Legality: Likely legal
North Carolina state law makes no mention of HHC, and there’s no indication that HHC would be considered illegal here.
North Dakota
HHC Legality: Likely legal
North Dakota is one of the strictest states when it comes to the sale of cannabis products —regardless of whether they come from hemp or marijuana. With that said, there’s no specific mention of HHC or any language that may presume HHC to be illegal.
Ohio
HHC Legality: Likely legal
Cannabis products sold in Ohio must be registered, but the law doesn’t provide any indication that hemp-derived HHC is illegal.
Oklahoma
HHC Legality: Likely legal
Recently delta 8 and delta 10 were banned in Oklahoma — but there’s no mention of HHC, and any other hemp-derived cannabinoid extract is considered legal for public consumption.
Oregon
HHC Legality: Likely legal
Oregon is one of the friendliest states toward cannabis. Recreational and medical cannabis have been legal for years now, and other psychoactive substances, such as magic mushrooms, have already been decriminalized.
There’s no mention whatsoever of HHC in the Oregon state legislature.
Pennsylvania
HHC Legality: Likely legal
Pennsylvania hasn’t added any additional rulings to the federal government’s definition of legal versus illegal cannabis extracts. This means HHC is likely legal in the state of Pennsylvania.
Rhode Island
HHC Legality: Likely illegal
While there’s no mention of HHC in Rhode Island law, the state has already moved to prohibit one of the steps required to extract HHC — thus making it illegal to produce but not illegal to buy.
South Carolina
HHC Legality: Likely legal
HHC is not mentioned on the list of prohibited substances in South Carolina, and there’s no indication from existing laws that hemp-derived HHC would be illegal to procure.
South Dakota
HHC Legality: Likely legal
South Dakota uses the same language on its cannabis laws as the federal government. HHC is legal as long as it’s derived from hemp and contains trace amounts of delta 9 THC.
Tennessee
HHC Legality: Likely legal
Hemp is not considered a prohibited substance in Tennessee, and all cannabinoid derivatives are considered legal as per the 2018 Farm Bill.
Texas
HHC Legality: Likely legal
Texas almost banned delta 8 THC in 2020, but the bill was blocked and never reinstated. There’s no indication that hemp-derived HHC is illegal here.
Utah
HHC Legality: Likely legal
Utah state law is not clear whether delta 8 or other hemp-derived cannabinoids are viewed as legal or illegal. However, there are a number of shops here selling these products without conflict.
Vermont
HHC Legality: Likely legal
HHC that’s naturally derived from hemp is considered legal in Vermont. However, all forms of synthetic HHC are strictly prohibited.
Virginia
HHC Legality: Likely legal
In Virginia, cannabis laws mimic the language used in the federal bill —which suggests that any hemp-derived HHC is legal as long as the THC content remains below 0.3% total.
Washington
HHC Legality: Likely legal
There’s no indication HHC is illegal in Washington, and numerous local retail shops are selling this cannabinoid without issues from law enforcement.
West Virginia
HHC Legality: Likely legal
All cannabis products must be registered with the West Virginia Department of Agriculture. There’s no language in the laws that suggest HHC would be illegal here.
Wisconsin
HHC Legality: Likely legal
Cannabinoids derived from hemp are considered legal under Wisconsin state law. The exception is delta 9 THC, which is limited to 0.3% of the total product.
Wyoming
HHC Legality: Likely legal
There’s no indication that hemp-derived HHC is illegal in the state of Wyoming.
The FDA & DEA on HHC
The Food and Drug Administration (FDA) has not commented on HHC specifically, but it has said that it does not approve any THC-derived drug for medical use. This statement likely applies to HHC as well, despite the technical differences involved in producing it.
The U.S. Drug Enforcement Administration (DEA) has stated that delta 9 THC is a controlled substance subject to the restrictions delineated in the Controlled Substances Act. They have failed to mention delta 8 or delta 10 THC despite the widespread availability of these cannabinoids in recent years.
Will HHC Cause You to Fail a Drug Test?
Probably. HHC will most likely cause a person to fail a drug test, although some anecdotal evidence suggests that it won’t. HHC is chemically similar to THC and will trigger the same positive results if it’s present in the person’s system when the test is administered.
However, HHC is not as biologically active as THC and could be metabolized more quickly and eliminated from the body sooner. The safest bet is to assume that HHC will cause you to fail a drug test the same way THC will and avoid using it if you know you’re going to be tested.
Wrapping Up: Is HHC Legal Where I Live?
While the laws are confusing and often contradictory, hemp-derived HHC remains legal in most states. Part of this is because this cannabinoid hasn’t been around long enough to draft new laws, and part of it is because it can be derived entirely from hemp.
With that said, the laws aren’t always clear, and they change all the time. It’s important to familiarize yourself with your local state laws before placing an order or using HHC.
With upcoming changes involving the MORE Act, CAOA Act, or other cannabis legislature, it’s highly likely HHC will be confirmed legal throughout the country within the next 24 months.
FAQs
Is HHC Legal in Your State? - Area 52? ›
The best part about HHC is that it is federally legal, making HHC products widely available for most people. This article introduces the benefits of HHC, as well as the most common side effects to watch out for.
Is HHC legal Texas? ›HHC is probably legal in Texas. Under state law, hemp-derived cannabinoids with less than 0.3% THC are legal. However, the DEA addressed the legal status of delta 8 THC in 2020, stating that it may be “synthetically derived” and, therefore, illegal.
Is HHC legal in NY? ›HHC-O is federally legal in the United States and is likely legal in New York! According to state law, which is conflicting, New York has legalized all Hemp products which contain an acceptable level of Delta 9-THC. In many cases, these are the same laws which brought CBD to your state!
Is HHC legal in PA? ›HHC-O is federally legal in the United States and is likely legal in Pennsylvania! According to state law, which is conflicting, Pennsylvania has legalized all Hemp products which contain an acceptable level of Delta 9-THC. In many cases, these are the same laws which brought CBD to your state!
Is HHC legal in AZ? ›Delta-10 THC, THC-P, and HHC are also not legally permitted in Arizona. In Arizona, delta-8 is illegal under state law. The use, possession, sale, distribution, and production of hemp-derived delta-8 is prohibited.
Is HHC legal in Texas 2021? ›HHC-O is federally legal in the United States and is likely legal in Texas!
Which states is HHC legal? ›- Alabama: HHC is legal in Alabama.
- Alaska: HHC might be illegal in Alaska.
- Arizona: HHC might be illegal in Arizona.
- Arkansas: HHC might be illegal in Arkansas.
- California: HHC is legal in California.
- Colorado: HHC might be illegal in Colorado.
HHC-O is fully federally legal and legal 38 states, while Delta 9-THC is federally illegal and illegal in most states. Both HHC and Delta 9-THC produce euphoric psychoactive effects on users and carry a wide variety of medical and recreational benefits.
Can you buy HHC? ›CAN YOU BUY HHC ONLINE? Absolutely! HHC is 100% federally legal and 2018 Farm Bill compliant.
Can you fly with HHC? ›At last, though HHC products are legal and you can carry them during a flight, know that science does not back all of its effects.
Will HHC show up on a drug screen? ›
Since HHC is specifically not THC, there's no proof it breaks down into a THC metabolite. Therefore, there's no proof that HHC shows up on a standard drug test. Rest assured, most drug tests are looking for the presence of THC, as well as other substances.
Is HHC FDA approved? ›Cannabinoids like Delta-8 THC and HHC have appeared more recently in the marketplace. They are made by starting with THC or some other cannabinoid and changing it slightly in a chemical laboratory. They have no FDA-approved use.
Is HHC stronger than Delta 8? ›Potency Comparison
One of the most important practical differences between HHC and its THC cousins is potency. HHC is slightly stronger than delta 8 THC but not quite as powerful as delta 9 THC, making it a good option for people who want a little more than delta 8 can offer. Delta 8 is half as strong as delta 9.
So, then, does HHC get you high? The short answer is yes - but not in the way Delta-9 THC in marijuana would. A high similar to THC is produced but it's not as intense. It appear to be somewhere between 70% and 80% less potent than traditional Delta-9.
What is the difference between HHC and CBD? ›HHC is a hemp-derived compound. CBD is also a hemp-derived compound. HHC was made legal by the Farm Bill in 2018. CBD was also made legal by the Farm Bill.
Are HHC and Delta 8 the same? ›Overall, HHC is very similar to both delta 8 and delta 9 THC. It's slightly less potent than D9 but more potent than D8. It has similar relaxing qualities as D8 but maintains the euphoric effects of D9 (especially in higher doses). Unlike D9, HHC is legal in most states, and the cost is most comparable to delta 8.
What is HHC from hemp? ›HHC, scientifically known as hexahydrocannabinol, is simply a hydrogenated form of the THC naturally occurring in a variety of cannabis and hemp plants. HHC is roughly 70-80% the strength of THC, meaning it's more potent than the other hemp derived cannabinoids Delta-8 and Delta-10.