When the 2018 Farm Bill federally legalized hemp and its derivatives, we thought we’d seen the end of the battle. But even though hemp-derived cannabinoids (HHC) should be legal at a federal level, there’s still a chance that they could be considered illegal if the THC concentration is above 0.3%.
HHC is Hemp-derived and is not actually THC. Under federal law, any product such as HHC gummies, HHC carts, HHC flower, HHC disposables, or HHC distillate, as long as it's under.3% THC, according to the 2018 farm bill, is perfectly legal on a federal level. Another argument of the Hemp industry when it comes to the question is HHC legal is the fact that HHC comes from the pollen and seeds of the hemp plant, making it non-synthetic and perfectly legal.
On the other hand, many experts say that HHC is subject to the Federal Analog Act, which clearly states that any substance analogous to a Schedule I drug, for our purposes, that would be THC, is itself a qualifier for a schedule I drug. Since THC is still illegal unless you have a medical card or live in a recreational marijuana state, HHC is illegal too.
This year has produced a wave of regulations attempting to disrupt the HHC gummies, THC-O & Delta 8 products consumers have come to love and appreciate. We've seen Minnesota Delta 9 Gummies explode in popularity with the state's progressive step towards regulating the hemp market, especially Delta 9 edibles in Minnesota derived from hemp.
HHC is 100% legal to sell and consume, but for the moment, HHC hovers in the gray zone when it comes to its legality but thrives in markets all across the country and world. Many American retailers saw a huge uptick with inquiries from Asia and Europe where THC and delta 8 THC are banned, asking if they can purchase HHC from them, and they were willing to pay the high cost of shipping to do so.
In conclusion, until there is a regulatory system that each state adapts for any type of HHC product, consumers need to do the research, weigh the risks and benefits and always make sure they are purchasing their products from a reputable, professional company. Additionally, manufacturers and retailers may choose at will not to ship HHC gummies, HHC vape cartridges or other products to specific states which could potentially target it saying HHC is illegal in the state or county.