HHC Legality By State

Ever since the passing of the 2018 Farm Bill, which legalized hemp on a federal level, hemp-derived cannabinoids have been taking the country by storm.  This surge in popularity has led to a wave of complicated legislation across the US.  Unlike cannabis, the state laws regarding hemp derivatives such as HHC are not very straightforward.  HHC legality by state is not a black and white matter; there are a lot of gray areas.  This article aims to clear up some of the uncertainty and address the complex question of what the laws are regarding HHC in all fifty states.

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HHC Legal States:

We’ll start with a positive note.  This category fortunately covers half the country.  HHC is for sure legal (in some cases with regulation) in the following states:

1. Alabama

Alabama has specifically created its own law which follows the federal law.  As a result, hemp products containing less than .3% delta 9 THC are legal.

2.  California

Hemp products containing less than .3% THC are legal.  Notice I didn’t say delta 9 THC.  This includes delta 8, 9, and 10.  As HHC is not a form of THC, it’s currently legal, although this could change.

3.  Connecticut

Hemp products containing less than .3% delta 9 THC are legal.  Legal hemp products must be sold from licensed retailers.

4.  Florida

Hemp products containing less than .3% delta 9 THC are legal.  This has been specified by the Florida Department of Agriculture and Consumer Services.

5.  Georgia

Georgia permits HHC products to be sold if they’re not made from synthetic cannabinoids.

6.  Indiana

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

7.  Louisiana

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

8.  Maine

Hemp products containing less than .3% delta 9 THC are legal.  Maine has specifically legalized all hemp derivatives with a THC concentration of less than .3% by dry weight.

9.  Maryland

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

10.  Massachussetts

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

11.  Michigan

HHC must be sold from licensed dispensaries and manufacturers in the state.

12.  Minnesota

Hemp products containing less than .3% delta 9 THC are legal.  HHC is legal as long as it comes from hemp.

13.  Nebraska

HHC, delta 8, delta 10, and THC-O are all legal in Nebraska.

14.  New Jersey

Hemp products containing less than .3% delta 9 THC are legal.  They have specifically been legalized by the state’s Hemp Program.

15.  New Mexico

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

16.  North Carolina

Hemp products containing less than .3% delta 9 THC are legal.  The state has specifically legalized hemp derivatives with less than .3% delta 9 THC.

17.  Ohio

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

18.  Oklahoma

Hemp derivatives are not considered controlled substances according to the Oklahoma Public Health Code.

19.  Oregon

Oregon considers HHC and other hemp derived cannabinoids legal, and places them in the category of “Cannabinoids for Adult Use”.  The Oregon Liquor and Cannabis Commission regulates these products.  Legal hemp products are required to bear an OLCC-approved label.  The OLCC is authorized to regulate the testing and labeling of hemp-derived vapes.

20.  Pennsylvania

Hemp products containing less than .3% delta 9 THC are legal.

21.  South Carolina

Legally, HHC must come from hemp.

22.  South Dakota.

You must be 21 or older to purchase or use HHC.

23.  Tennessee

Hemp products containing less than .3% delta 9 THC are legal.

24.  Virginia

Hemp products containing less than .3% delta 9 THC are legal.  State law agrees with federal law.

25.  West Virginia

Hemp products containing less than .3% delta 9 THC are legal.  These products are not considered controlled substances as long as they are derived from hemp and contain less than .3% delta 9 THC.

HHC Likely Legal States:

In the case of many of the states below, they simply haven’t addressed the topic of HHC legality just yet.  By not banning hemp derivatives, but also not explicitly permitting them either, they have earned their spots on this list of states where HHC is most likely legal.

1. Kansas

There are no laws governing THC isomers from hemp.

2.   Missouri

Missouri State Code permits hemp-derived products with .3% delta 9 or less.  Since the law doesn’t specifically mention HHC, it appears on this list instead of the legal list.  To me, it seems like it belongs in the legal states.

3.  New Hampshire

HHC has not been mentioned in any law.

4.  Texas

Texas is definitely a complicated state when it comes to HHC legality (or hemp legality in general, for that matter).  State law has legalized hemp-derived cannabinoids with less than .3% delta 9 THC.  That being said, in 2020, the DEA claimed that delta 8 may be “synthetically derived”, and thus illegal.  The law hasn’t addressed HHC just yet, but since it could be considered a synthetic variant of THC, this may change in the future.

5.  Wisconsin

Hemp-derived products that contain no more than .3% delta 9 THC are legal.  Wisconsin’s spot on this list is due to the fact that HHC has not been mentioned in their legislature specifically.  Which, when combined with what the law does have to say about hemp, sounds pretty legal to me.

6.  Wyoming

HHC legality is the same here as it is in Wisconsin.  Which is to say that hemp-derived products containing no more than .3% delta 9 THC are legal, but HHC has not been specifically mentioned.  

HHC Likely Illegal States:

Tread carefully if you reside in these states.  The law is still a bit gray regarding HHC, but it doesn’t look great.  Some of these states laws appear to be pretty clear regarding hemp-derivatives, but since they haven’t explicitly mentioned HHC, they have earned their spot in this “likely illegal” category.

1. Alaska

Hemp-derived THC isomers are considered Schedule III controlled substances.

2.  Colorado

Colorado has banned all “chemically modified” THC isomers, which would include HHC.

3.  Delaware

THC isomers are banned according to Title 16 of the Delaware Uniform Controlled Substances Act.

4.  Hawaii

Hawaii prohibits smokable hemp products such as flower, vapes, and prerolls.  Which, to me, sounds like a place for edibles!

5.  Kentucky

Psychoactive Hemp-derivatives are considered Schedule I controlled substances.

6.  Rhode Island

Rhode Island’s legislation seems aimed at confusing people, and it has certainly succeeded in confusing me.  The good news is, this New England state legalized all hemp derivatives, cannabinoids, and isomers.  The bad news is that a different law categorizes delta 8 as THC, which makes it illegal for human consumption.  The legislation does not mention HHC legality, but with legal contradictions like the one above, I would err on the side of caution.

7.  Vermont

Vermont’s legislation has not specifically mentioned HHC.  On the other hand, Vermont has banned delta 8.  This is due to the fact that the law considers delta 8 to be synthetic.  Because HHC is also synthetic, it’s reasonable to assume that the same restrictions apply.

HHC Illegal States:

Full stop, do not purchase or consume HHC products if you happen to be in these following states.

1. Arizona

Arizona considers HHC to be a controlled substance.

2.  Arkansas

The law prohibits the use and sale of modified cannabinoids.  This includes delta 8, delta 10, and HHC.

3.  Idaho

HHC is considered a Schedule I controlled substance.

4.  Illinois 

Illinois Department of Agriculture prohibits hemp-derived intoxicating isomers.

5.  Iowa

Iowa has some of the toughest laws in the country regarding cannabis and hemp.  Though HHC is not mentioned, the state code bans CBD and delta 8.

6.  Mississippi

MIssissippi considers HHC to be a controlled substance.

7.  Montana

Montana has banned the sale and possession of all tetrahydrocannabinols.  Natural THC is permitted, but must be in concentrations of less than .3%.

8.  Nevada

Nevada considers HHC and other THC isomers to be controlled substances.

9.  New York

HHC is illegal, along with delta 8, 10, and THC-O.

10.  North Dakota

North Dakota considers HHC to be a controlled substance.

11.  Utah

Utah has banned HHC, THC-O, delta 8, and delta 10.

12.  Washington

Washington considers HHC to be a controlled substance.

So there you have it.  HHC legality is a complicated matter. Half the country has given HHC the green light, other states have given it a yellow light, and the rest of the states have either banned it, or enacted legislation that implies that it is banned.  If you live in an HHC legal or likely legal state, DVNT is your one stop shop for all your HHC needs.  Our products are organic and lab tested, so you can kick back, relax, and soar sky high without the paranoia.