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Is HHC Legal?

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The legal status of cannabinoids derived from hemp is a complicated issue, to say the least.  HHC has gained popularity as an alternative to traditional THC, but is HHC actually legal?  Where does it stand on federal and state levels?  If you’re confused by all of the different rules, regulations, and rumors, then read on to learn about the true legal status of HHC.

In the meantime, if HHC is legal in your state, check our our selection of HHC prerolls.

How it all began

Like delta 8, HHC’s rise in popularity is thanks to the 2018 Farm Bill.  This bill legalized hemp on a federal level.  Legally, hemp is defined as cannabis containing .3% or less delta 9 THC.  Legislators intended to increase hemp production for goods like clothing, rope, and food.  However, they also unintentionally legalized any cannabinoids that could be derived from hemp.  This all began with CBD.  This non-psychoactive cannabinoid was everywhere after the passing of this bill.  Soon, there was more CBD than demands required.  Chemists quickly figured out that they could alter this abundance of CBD and use it to create other cannabinoids that could actually produce a high.

Ramifications

Suddenly, “new” cannabinoids like HHC and delta 8 were popping up everywhere.  People in states without legal cannabis were thrilled that there was suddenly a legal way for them to enjoy cannabinoids.  However, not everyone was psyched with these new developments.  Legislators were quick to develop new legislation in response to this cannabinoid craze.  So, where do we stand now?  Is HHC legal or not?

The laws governing HHC are not always the same as delta 8.  Delta 8 is a form of THC, where HHC is not THC.  So, due to the wording in certain legislation, delta 8 may be banned in certain states while HHC remains legal.

Legal states

Let’s start with the good news.  Some states have affirmed the federal law, and others have not made any legislation regarding the issue, making HHC legal.  The following states consider HHC to be legal:

  • Alabama
  • Florida
  • Georgia
  • Indiana
  • Kansas
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Nebraska
  • New Hampshire
  • New Jersey
  • New Mexico
  • North Carolina
  • Ohio
  • Oregon
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Tennessee
  • Virginia
  • West Virginia
  • Wyoming

Not THC so…legal?

In other states, HHC is likely legal; but, the verbiage on their legislation leaves room for interpretation.  These states have placed heavy restrictions or bans governing hemp-derived THC.  But, HHC is not THC, so is it legal?  For example, Iowa places harsh restrictions on the potency of hemp products for sale when it comes to THC content (including delta 8 THC).   Additionally, smokable hemp products are not permitted.  So, theoretically, HHC would be legal in gummy form in Iowa.  HHC may be legal in:

  • Arkansas
  • Iowa
  • Rhode Island
  • Texas
  • Wisconsin

Probably illegal

There are still other states, which have banned isomers of THC.  While these states haven’t specifically mentioned HHC, HHC is an isomer of THC, so it would not be legal in the following states:

  • Alaska
  • Arizona
  • Oklahoma
  • Vermont

Legal, but restricted

These states permit HHC, but be sure to read up on exactly how they permit HHC.  For example, in Connecticut, recent legislation has mandated that total THC be limited to extremely small amounts.  Since HHC isn’t THC, it’s likely still legal but it must come from a licensed dispensary.  The following states have placed heavy restrictions on HHC:

  • California
  • Connecticut
  • Hawaii
  • Kentucky
  • Missouri

Illegal

And, lastly, we have the states that have outright banned HHC.  On a positive note, at least there’s no gray area here unlike in so many other states.  These states either consider HHC to be a controlled substance, or have simply banned the sale of hemp-derived cannabinoids.  Definitely do not purchase or use HHC if you find yourself in the following states:

  • Colorado
  • Idaho
  • Illinois
  • Mississippi
  • Montana
  • Nevada
  • New York 
  • North Dakota
  • Utah
  • Washington

The bottom line

Is HHC legal?  That depends on the state you’re in.  As you can tell by reading this, the legality of HHC is not a straightforward issue.  This article is meant to be a simple guide to illustrate the complexity of HHC’s legal status.  If you’re unsure of what’s going on in your state, definitely do your own research and confirm what’s permissible before indulging in HHC.  To make matters even more complicated, states have been handling the enforcement of these laws differently, and it’s impossible to know how hard they’re actually cracking down without physically being in each state.  If HHC is legal in your state, check out our awesome selection of lab tested HHC products.

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