On March 12th, during the 68th session of the Commission on Narcotic Drugs (CND), Hexahydrocannabinol (HHC) was added to Schedule II of the 1971 Convention on Psychotropic Substances. The CND vote follows the World Health Organization’s recommendation that HHC be added into Schedule II. The CND action, which required 36 votes, passed comfortably with 49 votes. Notably, the United States abstained. Placement of HHC in Schedule II mandates that all signatories of the 1971 Convention (roughly 184 countries) restrict HHC’s use to only scientific, medical, and industrial purposes.
HHC is a semi-synthetic, hydrogenated derivative of THC. The hydrogenation process introduces hydrogen molecules to THC, resulting in HHC sharing many of the psychoactive effects of THC. While several U.S. states have laws restricting such substances, others do not. Furthermore, businesses selling HHC products in the Fourth and Ninth Circuits may be legally allowed to do so under the 2018 Farm Bill– depending on if their states prohibit HHC via legislation or regulation.
CND’s scheduling of CND aligns with a DEA letter issued to Attorney Rod Kight in 2023, stating the Administration’s belief that synthetic cannabinoids are schedule I substances. However, given HHC’s semi-synthetic nature, the U.S. government’s obligation to regulate HHC (as discussed below) may conflict with the 2018 Farm Bill’s exclusion of hemp and its derivatives from federal control. Should the Attorney General schedule HHC pursuant to treaty obligations, it may raise concerns regarding the unconstitutional delegation of legislative authority to a foreign body.
Next, the Secretary-General of the United Nations must formally communicate this scheduling decision to all member states, and specifically to U.S. Secretary of State Marco Rubio. The Schedule II classification under the 1971 Convention will take effect 180 days after such communication is made. According to 21 U.S.C. § 811(d)(2), Secretary Rubio must then immediately notify Secretary Robert Kennedy at Health and Human Services (HHS). If Secretary Kennedy, in consultation with Attorney General Pam Bondi, determines that current controls applicable to HHC are not sufficient to meet obligations under the 1971 Convention, then:
- Secretary Kennedy will recommend Attorney General Bondi initiate proceeding to schedule HHC under the Controlled Substances Act in an appropriate schedule, pursuant to 21 USC 811(a) and (b); or
- If Secretary Kennedy does not agree with the scheduling decision, then he can request Secretary Rubio to notify the Secretary General of the UN (within the 180 days), of the US’ qualified acceptance and request for review by the Economic and Social Council of the UN.
If, however, Attorney General Bondi, after consultation with Secretary Kennedy, determines that scheduling proceedings will not conclude within 180 days of Secretary Rubio being notified of the scheduling change, then Attorney General Bondi–after consulting with HHS and allowing for public comments on the temporary scheduling recommendation–must issue a temporary order to place HHC under Schedule IV or V of the Controlled Substances Act (CSA). Whether HHC goes to Schedule IV or V in that scenario depends on which schedule is more appropriate to fulfill the U.S.’s obligations under the 1971 Convention.
Importantly, under 21 USC 811(d)(3)(C), Attorney General Bondi is permitted to issue a scheduling order without regard to the findings or procedures just discussed and required by 21 USC 811(a) & (b).
Assuming Secretary Kennedy and Attorney General Bondi adhere to 21 U.S.C. § 811 and complete a review of HHC, or at a minimum, order that HHC be added to a CSA schedule, then the process, and HHC’s ultimate placement, could provide valuable insights into the broader cannabis scheduling debate. We will continue to monitor this development, so stay tuned for updates.
