HHC is legal because it is naturally present in cannabis. It doesn’t get complicated until it’s made in large amounts. Others have claimed that HHC is entirely legal because it is also naturally present in the seeds of certain cannabis plants. However, some people think that this is speculative, and the legality of HHC may not be as apparent as other products such as CBD. In a way, they’re all correct. But HHC is just like the rest of the cannabinoids, resting in the grey area of the Farm Bill. HHC is not explicitly listed in the Controlled Substances Act, so it is not a Schedule I drug like Delta-9 THC. Technically, HHC is still an isomeric form of THC. HHC is considered illegal at the federal level in the United States because it’s an isomeric form—however since most HHC on the market is produced exclusively from hemp, it is not illegal. This makes HHC a hemp-derived cannabinoid which allows it to sleep comfortably in the grey area of the beloved Federal Farm Bill of 2018.
HHC has also been a subject of topic in the Federal Analogue Act, which states that any substance derived from THC is a Schedule I drug. However, conventional THC will not qualify as a Schedule I cannabinoid in this case, which would automatically classify the drug analogs in Table 1. This has been the issue with alternate cannabinoids that derive from hemp. The Federal Analogue Act only focuses on traditional THC, delta-9. Since the product only contains HHC made from 100% hemp extract, it’s swimming in the grey area of the Federal Farm Bill of 2018. For convenience, the 2018 Farm Act has legalized it, provided it contains 0.3% or less Delta-9 THC
HHC is not legal in Alaska, Arizona, Arkansas, California, Colorado, Delaware, Idaho, Iowa, Mississippi, Montana, Nebraska, Nevada, Utah.
These are the same states that have banned Delta-8 THC.