[Federal Register Volume 91, Number 85 (Monday, May 4, 2026)]
[Rules and Regulations]
[Pages 23913-23915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08595]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA-1632]
Specific Listing for Hexahydrocannabinol, A Currently Controlled
Schedule I Substance
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Drug Enforcement Administration (DEA) is establishing a
specific listing and DEA Controlled Substances Code Number (drug code)
for 6,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10a-hexahydro-6H-
benzo[c]chromen-1-ol (also known as hexahydrocannabinol, and HHC) in
schedule I of the Controlled Substances Act (CSA). Although
hexahydrocannabinol is not specifically listed in schedule I of the CSA
with its own unique drug code, it is a schedule I controlled substances
in the United States under drug code 7370 because it meets the
definition of tetrahydrocannabinols, a schedule I hallucinogen.
Therefore, DEA is simply amending the schedule I hallucinogenic
substances list to separately include hexahydrocannabinol.
DATES: Effective May 4, 2026.
FOR FURTHER INFORMATION CONTACT: Dr. Terrence L. Boos, Drug and
Chemical Evaluation, Diversion Control Division, Drug Enforcement
Administration; Telephone: (571) 362-3249.
SUPPLEMENTARY INFORMATION:
Hexahydrocannabinol Control
Hexahydrocannabinol (also known as 6,6,9-trimethyl-3-pentyl-
6a,7,8,9,10,10a-hexahydro-6H-benzo[c]chromen-1-ol, and HHC) is a
synthetic substance that is structurally related to
tetrahydrocannabinols. Hexahydrocannabinol is currently controlled in
schedule I as a tetrahydrocannabinol.
The Agriculture Improvement Act of 2018 (AIA), Public Law 115-334,
amended the CSA to remove ``tetrahydrocannabinols in hemp'' from
control.\1\ Importantly, the AIA defined the term ``hemp'' to mean
``the plant Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not, with a
delta-9-tetrahydrocannabinol
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concentration of not more than 0.3 percent on a dry weight basis.'' \2\
Thus, only tetrahydrocannabinols in or derived from the cannabis
plant--not synthetic tetrahydrocannabinols--are excluded from control
as ``tetrahydrocannabinols in hemp.'' To clarify further,
tetrahydrocannabinols produced through chemical conversion, even when
hemp derived are considered synthetically produced for purposes of the
CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.
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\1\ See 21 U.S.C. 812, Schedule I(c)(17).
\2\ 7 U.S.C. 1639o(1).
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Legal Authority
This rule is prompted by a letter dated June 9, 2025, in which the
Secretariat of the United Nations informed the United States government
that hexahydrocannabinol had been added to Schedule II of the United
Nations Convention on Psychotropic Substances of 1971 (1971
Convention), February 21, 1971, 32 U.S.T. 543, 1019 U.N.T.S. 175, as
amended. This letter was provoked by a decision at the 68th Session of
the Commission on Narcotic Drugs (CND) in March 2025 to schedule
hexahydrocannabinol under Schedule II of the 1971 Convention (CND
Decision 68/5). After receiving official notice of this decision, DEA
sent a letter to the Department of Health and Human Services (HHS)
dated October 9, 2025, outlining its intention to specifically list
hexahydrocannabinol in schedule I of the Controlled Substances Act
(CSA) pursuant to treaty obligations. HHS responded in a letter dated
December 3, 2025, that there are no approved new drug applications or
investigational new drug applications for hexahydrocannabinol. In
addition, HHS concurs with the direct listing and drug code assignment
of hexahydrocannabinol in the CSA.
As discussed above, hexahydrocannabinol--by meeting the definition
of ``tetrahydrocannabinols'' and being synthetically produced--has been
controlled in schedule I of the CSA. Therefore, all regulations and
criminal sanctions applicable to schedule I substances have been and
remain applicable to hexahydrocannabinol. Drugs controlled in schedule
I of the CSA satisfy and exceed the required controls of Schedule II
under Article 2 of the 1971 Convention.
Effect of Action
As previously stated, this rule does not affect the continuing
status of hexahydrocannabinol as a schedule I controlled substance in
any way. This action, as an administrative matter, establishes a
separate, specific listing for hexahydrocannabinol in schedule I of the
CSA and assigns a DEA drug code for this substance. This action will
allow DEA to establish an aggregate production quota and grant
individual manufacturing and procurement quotas to DEA-registered
manufacturers of hexahydrocannabinol, who had previously been granted
individual quotas for such purposes under the drug code for
tetrahydrocannabinols.
Regulatory Analyses
Administrative Procedure Act
An agency may find good cause to exempt a rule from certain
provisions of the Administrative Procedure Act (APA), including notice
of proposed rulemaking and the opportunity for public comment, if it is
determined to be unnecessary, impracticable, or contrary to the public
interest.\3\
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\3\ 5 U.S.C. 553(b)(B).
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Pursuant to 5 U.S.C. 553(b)(B), DEA finds that notice-and-comment
rulemaking is unnecessary as hexahydrocannabinol is currently
controlled in schedule I as it meets the definition of
tetrahydrocannabinols. The addition of a separate listing for
hexahydrocannabinol and its DEA drug code number in the list of
schedule I substances in 21 CFR 1308.11(d) makes no substantive
difference in the status of this drug as a schedule I controlled
substance, but instead is ``a minor or merely technical amendment in
which the public is not particularly interested.'' \4\ This rule is a
``technical amendment'' to 21 CFR 1308.11(d) as it is ``insignificant
in nature and impact, and inconsequential to the industry and public.''
Therefore, DEA finds that publishing a notice of proposed rulemaking
and soliciting public comment are unnecessary and good cause exists to
dispense with these procedures.
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\4\ National Nutritional Foods Ass'n v. Kennedy, 572 F.2d 377,
385 (2d Cir. 1978) (quoting S. Rep. No. 79-752, at 200 (1945)). See
also Utility Solid Waste Activities Group v. E.P.A., 236 F.3d 749,
755 (D.C. Cir. 2001) (the ``unnecessary'' prong ``is confined to
those situations in which the administrative rule is a routine
determination, insignificant in nature and impact, and
inconsequential to the industry and public'') (internal quotations
and citation omitted).
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In addition, DEA is concerned that delaying the effective date of
this rule potentially could cause confusion regarding the regulatory
status of hexahydrocannabinol. With hexahydrocannabinol currently
controlled as a schedule I controlled substance, and with no additional
requirements being imposed through this action, DEA finds good cause
exists to make this rule effective immediately upon publication in
accordance with 5 U.S.C. 553(d)(3).
Executive Orders 12866, 13563, 14192, and 14294 (Regulatory Review)
This regulation has been drafted and reviewed in accordance with
the principles of Executive Orders (E.O.) 12866 and 13563. The Office
of Information and Regulatory Affairs has determined that this rule is
not a significant regulatory action under section 3(f) of E.O. 12866.
Hexahydrocannabinol is already a controlled substance in the United
States under schedule I as a tetrahydrocannabinol. In this final rule,
DEA is making an administrative change by amending its regulations to
separately list hexahydrocannabinol in schedule I and to assign a DEA
controlled substances code number to this substance. Separately listing
hexahydrocannabinol and its DEA drug code will not alter the status of
this substance as a schedule I controlled substance. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB). DEA scheduling actions are not subject to either E.O. 14192,
Unleashing Prosperity Through Deregulation, or E.O. 14294, Fighting
Overcriminalization in Federal Regulations.
Executive Order 12988, Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988 to eliminate drafting errors
and ambiguity, provide a clear legal standard for affected conduct, and
promote simplification and burden reduction.
Executive Order 13132, Federalism
This rulemaking does not have federalism implications warranting
the application of E.O. 13132. The rule does not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This rule does not have Tribal implications warranting the
application of E.O. 13175. It does not have substantial direct effects
on one or more Indian tribes, on the relationship between the Federal
government and Indian tribes, or on the distribution of
[[Page 23915]]
power and responsibilities between the Federal government and Indian
tribes.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) applies to rules that are
subject to the notice-and-comment requirements under the APA or other
laws.\5\ As noted in the above section regarding the applicability of
the APA, DEA determined that there was good cause to exempt this final
rule from notice and comment. Consequently, the RFA does not apply.
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\5\ 5 U.S.C. 601-612.
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Paperwork Reduction Act of 1995
This action does not impose a new collection of information
requirement under the Paperwork Reduction Act of 1995.\6\ This action
would not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to
a collection of information unless it displays a currently valid OMB
control number.
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\6\ 44 U.S.C. 3501-3521.
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Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1532, DEA has determined that this action would not result in
any Federal mandate that may result ``in the expenditure by State,
local, and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more (adjusted annually for inflation) in
any 1 year. . . .'' Therefore, neither a Small Government Agency Plan
nor any other action is required under UMRA of 1995.
Congressional Review Act
The Office of Information and Regulatory Affairs has determined
that this rule is not a major rule as defined by the Congressional
Review Act (CRA), 5 U.S.C. 804. However, pursuant to the CRA, DEA is
submitting a copy of this rule to both Houses of Congress and to the
Comptroller General.
List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control,
Reporting and recordkeeping requirements.
For the reasons set out above, DEA amends 21 CFR part 1308 as
follows:
PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES
0
1. The authority citation for part 1308 continues to read as follows:
Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise
noted.
0
2. Amend Sec. 1308.11 by adding paragraph (d)(115) to read as follows:
Sec. 1308.11 Schedule I.
* * * * *
(d) * * *
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* * * * * * *
(115) 6,6,9-trimethyl-3-pentyl-6a,7,8,9,10,10a-hexahydro- 7220
6H-benzo[c]chromen-1-ol (other names:
hexahydrocannabinol, HHC)..............................
* * * * * * *
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Signing Authority
This document of the Drug Enforcement Administration was signed on
April 22, 2026, by DEA Administrator Terrance C. Cole. That document
with the original signature and date is maintained by DEA. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DEA Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of DEA. This administrative process in no way alters the legal effect
of this document upon publication in the Federal Register.
Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-08595 Filed 5-1-26; 8:45 am]
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