Is HHC about to be classified as a narcotic under international law?

The United Nations Commission on Narcotic Drugs (CND) will meet in Vienna in March with an agenda item that will have significant consequences for the global cannabinoid industry: whether hexahydrocannabinol (HHC) should be included in Schedule II of the UN Convention on Psychotropic Substances. And a major voting bloc – the European Union – has already made its intention clear. If HHC is controlled, there will be many different ramifications for the cannabinoid: some will be very direct, while others may not even be known yet.

HHC would represent only the second naturally occurring cannabinoid—aside from THC—to be specifically classified under international law. (Although there is some debate about whether HHC can be considered a natural cannabinoid, scientists say they have identified HHC in trace amounts in the cannabis plant.)

If HHC were to be scheduled, it would mean that all 184 countries that are signatories to the convention would be obliged to limit its use to scientific and medical purposes. This would include requiring a prescription for its supply and a licensing regime for its production and distribution.

Since HHC is currently sold as a recreational product, this restriction would effectively act as an international ban on the cannabinoid.

Of course, not all countries take their obligations under UN conventions as seriously as others. The International Narcotics Control Board (INCB), which monitors compliance with UN drug treaties, has issued numerous letters of concern about the legalization of cannabis for non-medical purposes, such as when Canada legalized recreational cannabis. But because the INCB (International Narcotics Control Board) lacks the means to enforce the law, countries such as Canada, Uruguay and even the US have escaped any repercussions for allowing non-medical use of cannabis within their borders.

The rise and fall of HHC in Europe

So how did a cannabinoid that was relatively unknown just a few years ago make it onto the global scene so quickly? The answer may be found in Europe.

HHC emerged on the European scene around 2021, due to regulatory gaps that did not clearly prohibit the little-known cannabinoid. Most European countries had already banned THC and all its derivatives, unlike the US, which federally legalized all hemp-derived cannabinoids through the 2018 Farm Bill.

This difference in European and American laws has created a scenario where many US-based hemp operators have been able to legally export and market HHC products throughout Europe. National authorities in Europe have identified these products on the market and expressed their concerns, but have been unable to do much about them without enacting new regulations.

HHC came to the attention of the European Medicines Agency (EUDA) when it was first detected by the EU’s early warning system. This resulted in the EUDA issuing a technical report in 2023. Although the EUDA has not made any recommendations on how to regulate HHC, it has been closely monitored by the EUDA as a new psychoactive substance since its arrival in Europe.

Many European countries began banning HHC quickly, starting with Lithuania in late 2022. Larger European countries such as France and Italy eventually joined the banning list. Countries such as Germany and the Czech Republic debated taking a different approach by considering regulating HHC, but ended up banning it as well. As more and more European countries issued national bans on HHC, it became less of an issue across Europe.

However, the World Health Organization's Expert Committee on Drug Dependence (ECDD) conducted a critical review of HHC and recommended that it be included in Schedule II of the United Nations Convention on Psychotropic Substances in October 2024.

Then, on January 13, the European Commission, which is the EU’s executive arm, followed the ECDD’s lead and issued a recommendation to schedule the HHC ahead of the March vote. Since the EU is not a member of the UN Conventions, it requires its member states to vote en bloc on its recommendations. (Indeed, the EU recently took legal action against Hungary for voting against the EU’s position on rescheduling cannabis under the UN Single Convention.)

The WHO and EU positions not only significantly increase the likelihood of HHC being scheduled, but could also lead to its ban across the EU. This is because Council Framework Decision 2004/757/JHA, which sets out EU drug policy, specifically includes substances listed in the UN Convention on Psychotropic Substances in its definition of ‘drugs’. Therefore, if HHC is listed in the UN Convention, it will only be permitted in the EU for medical or scientific purposes.

Although almost all EU Member States, except perhaps Croatia, have effectively banned HHC by national law, its classification in the table would mark a resounding and dramatic end to HHC’s journey in Europe.

Branches outside Europe

While the impact of HHC scheduling is clear in Europe, it is not so clear in other regions. The status of HHC in the US is unlikely to change, because federal authorities generally allow states to regulate cannabis and cannabinoids independently. Furthermore, with the 2018 Farm Bill legalizing all hemp derivatives, cannabinoids, and isomers, HHC remains legal under US federal law as long as it is derived from hemp. While it is possible that Congress will take the UN’s HHC scheduling into account when passing a new farm bill, it seems highly doubtful that this will have any impact.

The inclusion of HHC in the UN convention could have an impact in places like Mexico, where it exists in an unregulated, legal grey area. Mexican authorities may take a tougher approach if HHC is controlled by international law.

In general, North America and Europe have adopted the most liberal policies towards cannabinoids, so the effect of a possible HHC scheduling may not be as significant outside these continents; many countries already have effective prohibitions against HHC based on restrictive laws on cannabinoids or cannabis extracts.

The game of whack-a-mole will undoubtedly continue, whether regionally or globally. There are already many synthetic or semi-synthetic cannabinoids that seek to fill the void left by the HHC bans.

At a minimum, the HHC has prepared the mechanisms for the control of new psychoactive cannabinoids by national, regional and global authorities and has set a precedent for how these mechanisms can be used to detect, examine and control them.

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Editor's Note: This article was originally published on the blog 'Kight on Cannabis' and was written by Anthony Traurig, an attorney at Kight Law who specializes in international cannabis regulation. 'Kight on Cannabis' is a blog created and maintained by attorney Rod Kight and aims to address a wide range of legal issues that impact the cannabis industry, both in the U.S. and internationally.

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Anthony Traurig

Contributor at CannIntelligence |  More postsBio

Anthony Traurig is a legal consultant on global cannabis regulation. Based in Barcelona, ​​Spain, Anthony has been advising clients on expanding into international markets for many years as a senior legal analyst at CannIntelligence and continues to work with them as a senior consultant. He also works as a legal consultant at Kight Law, a US-based law firm representing cannabis clients from around the world. Anthony has worked with companies of all sizes and from all corners of the globe, helping them identify attractive markets for expansion, understand market entry requirements and stay abreast of the latest developments in the global cannabis sector.

Anthony holds a BA in Political Science from North Carolina State University and a Juris Doctorate from the Charleston School of Law, South Carolina. He practiced law for several years in North Carolina as a litigator before moving to Spain.

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