Is HHC (Hexahydrocannabinol) Legal in North Dakota? (2026)

Capsule / tablet

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as capsule / tablet. HHC capsule -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (llm review) · confidence: confirmed
Federal
HHC capsule -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
An HHC capsule contains a named-excluded chemically derived cannabinoid (4.1-18.1-01(5)(b)(4)(b)) and is not a permitted hemp commodity or product.

What the record says

An HHC capsule contains a named-excluded chemically derived cannabinoid (4.1-18.1-01(5)(b)(4)(b)) and is not a permitted hemp commodity or product. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Beverage

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as beverage. HHC drink -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC drink -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
An HHC beverage contains a named-excluded chemically derived cannabinoid (4.1-18.1-01(5)(b)(4)(b)) and is not a permitted hemp commodity or product.

What the record says

An HHC beverage contains a named-excluded chemically derived cannabinoid (4.1-18.1-01(5)(b)(4)(b)) and is not a permitted hemp commodity or product. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Edible / ingestible

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as edible / ingestible. HHC edible -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (llm review) · confidence: confirmed
Federal
HHC edible -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
HHC is named in NDCC 4.1-18.1-01(5)(b)(4)(b) as a chemically derived cannabinoid excluded from 'hemp commodity or product'; an HHC edible is therefore not lawful hemp regardless of testing under 0.3% total THC.

What the record says

HHC is named in NDCC 4.1-18.1-01(5)(b)(4)(b) as a chemically derived cannabinoid excluded from 'hemp commodity or product'; an HHC edible is therefore not lawful hemp regardless of testing under 0.3% total THC. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Flower / raw plant

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as flower / raw plant. HHC flower -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC flower -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
HHC does not occur naturally in hemp flower in meaningful amounts, so 'HHC flower' is flower treated/infused with a named-excluded chemically derived cannabinoid; NDDA guidance permits compliant flower only if it 'cannot be treated with any other cannabinoid.' Excluded from hemp under 4.1-18.1-01(5)(b)(4)(b).

What the record says

HHC does not occur naturally in hemp flower in meaningful amounts, so 'HHC flower' is flower treated/infused with a named-excluded chemically derived cannabinoid; NDDA guidance permits compliant flower only if it 'cannot be treated with any other cannabinoid.' Excluded from hemp under 4.1-18.1-01(5)(b)(4)(b). North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Other

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as other. HHC other -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC other -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Any other HHC product form is excluded from 'hemp commodity or product' by the named chemically-derived-cannabinoid exclusion at 4.1-18.1-01(5)(b)(4)(b) and, if psychotropic, the commissioner's disapproval authority at 4.1-18.1-01(5)(b)(5).

What the record says

Any other HHC product form is excluded from 'hemp commodity or product' by the named chemically-derived-cannabinoid exclusion at 4.1-18.1-01(5)(b)(4)(b) and, if psychotropic, the commissioner's disapproval authority at 4.1-18.1-01(5)(b)(5). North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Powder / bulk

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as powder / bulk. HHC powder -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC powder -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
HHC isolate/powder is itself a chemically derived cannabinoid named-excluded under 4.1-18.1-01(5)(b)(4)(b); production/conversion is also barred by 4.1-18.1-04.3.

What the record says

HHC isolate/powder is itself a chemically derived cannabinoid named-excluded under 4.1-18.1-01(5)(b)(4)(b); production/conversion is also barred by 4.1-18.1-04.3. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Raw material / RUO

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as raw material / ruo. HHC raw material -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC raw material -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
HHC raw material/isolate is a chemically derived cannabinoid named-excluded under 4.1-18.1-01(5)(b)(4)(b); a licensee also 'may not chemically convert' hemp extract into such cannabinoids under 4.1-18.1-04.3.

What the record says

HHC raw material/isolate is a chemically derived cannabinoid named-excluded under 4.1-18.1-01(5)(b)(4)(b); a licensee also 'may not chemically convert' hemp extract into such cannabinoids under 4.1-18.1-04.3. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Tincture / sublingual

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as tincture / sublingual. HHC tincture -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC tincture -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Although 'hemp tincture' is a listed permitted category, that category does not extend to a tincture containing HHC, which is a named-excluded chemically derived cannabinoid under 4.1-18.1-01(5)(b)(4)(b).

What the record says

Although 'hemp tincture' is a listed permitted category, that category does not extend to a tincture containing HHC, which is a named-excluded chemically derived cannabinoid under 4.1-18.1-01(5)(b)(4)(b). North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Topical

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as topical. HHC topical -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC topical -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
Although NDCC 4.1-18.1-01(8) defines a permitted 'hemp topical' capped at 50mg total THC/container, that category does not authorize a topical containing HHC: HHC is categorically excluded from 'hemp commodity or product' as a named chemically derived cannabinoid under 4.1-18.1-01(5)(b)(4)(b). (This diverges from hemp-derived delta-9, where a topical was a narrower gray/restricted category.)

What the record says

Although NDCC 4.1-18.1-01(8) defines a permitted 'hemp topical' capped at 50mg total THC/container, that category does not authorize a topical containing HHC: HHC is categorically excluded from 'hemp commodity or product' as a named chemically derived cannabinoid under 4.1-18.1-01(5)(b)(4)(b). (This diverges from hemp-derived delta-9, where a topical was a narrower gray/restricted category.) North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Vape / inhalable

Illegal

As of October 22, 2026, HHC (Hexahydrocannabinol) is illegal to sell (federally scheduled; state law on file reads illegal) in North Dakota as vape / inhalable. HHC vape -- federally Schedule I (DEA drug code 7220). Controlling source: North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4.

Verified October 22, 2026 (hash check) · confidence: confirmed
Federal
HHC vape -- federally Schedule I (DEA drug code 7220) (effective 2026-05-04). State-law reading underneath: Illegal.
Rule type
permanent
Tier
schedule i
Limit
(total ban)
Effectively prohibitive
NDCC 4.1-18.1-01(5)(b)(4)(b) expressly excludes 'a product containing chemically derived cannabinoids, including ... Hexahydrocannabinol, also known as HHC' from the definition of 'hemp commodity or product.' HHC vapes are additionally caught by the inhalant exclusion at 4.1-18.1-01(5)(b)(2). Excluded from hemp entirely; regulated as marijuana/controlled substance under 4.1-18.1-04.4(3) / ch. 19-24.1, with no retail channel.

What the record says

NDCC 4.1-18.1-01(5)(b)(4)(b) expressly excludes 'a product containing chemically derived cannabinoids, including ... Hexahydrocannabinol, also known as HHC' from the definition of 'hemp commodity or product.' HHC vapes are additionally caught by the inhalant exclusion at 4.1-18.1-01(5)(b)(2). Excluded from hemp entirely; regulated as marijuana/controlled substance under 4.1-18.1-04.4(3) / ch. 19-24.1, with no retail channel. North Dakota names HHC by name as an excluded 'chemically derived cannabinoid,' making it one of the most clear-cut illegal jurisdictions for HHC. The exclusion is categorical and form-agnostic: no hemp license authorizes HHC in any form, and because ND has only a registered-patient medical marijuana program (ch. 19-24.1) with no adult-use channel, an HHC product that fails the hemp safe harbor has no lawful retail path. Conversion of hemp CBD into HHC is separately prohibited under 4.1-18.1-04.3.

Controlling language, verbatim

The term does not include: ... (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP.

Source of excerpt

Citations

  1. North Dakota Century Code Chapter 4.1-18.1 (Hemp) -- section 4.1-18.1-01 (Definitions; naming Hexahydrocannabinol/HHC as an excluded chemically derived cannabinoid); 4.1-18.1-04.3/-04.4 (North Dakota Legislative Assembly / Legislative Council, 2023-08-01) PRIMARYOFFICIAL
  2. Hemp Retailer Frequently Asked Questions (chemically-derived-cannabinoid and psychotropic determinations) (North Dakota Department of Agriculture, 2026-07-19) PRIMARYOFFICIAL
  3. North Dakota Century Code 4.1-18.1-01 (Definitions) PRIMARYOFFICIAL

Status by product form in North Dakota

FormStatusHeadlineVerified
Capsule / tablet IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Beverage IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Edible / ingestible IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Flower / raw plant IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Other IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Powder / bulk IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Raw material / RUO IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Tincture / sublingual IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Topical IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22
Vape / inhalable IllegalFederally scheduled (schedule_i eff. 2026-05-04) · state law: illegal2026-10-22

Where HHC (Hexahydrocannabinol) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among North Dakota's 3 neighbors, Minnesota, Montana and South Dakota are illegal, the same posture as North Dakota.

Map and neighbor comparison show capsule / tablet. Open the interactive map · Every compound in North Dakota

Federal posture

Federally scheduled or prohibited. HHC capsule -- federally Schedule I (DEA drug code 7220) Federal detail

Verbatim law on file for North Dakota

6 instruments on file for this compound's framework in North Dakota; 30 of 30 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

N.D. Cent. Code Sec. 4.1-18.1-01 (Hemp - Definitions), subds. 2, 4, 5, 10, 11 · N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-01 - Definitions ('Chemically derived cannabinoid', 'Hemp', 'Hemp commodity or product' with inhalant + chemically-derived exclusions, 'Tetrahydrocannabinol', 'Total tetrahydrocannabinol')OFFICIAL
Instrument
N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-01 - Definitions ('Chemically derived cannabinoid', 'Hemp', 'Hemp commodity or product' with inhalant + chemically-derived exclusions, 'Tetrahydrocannabinol', 'Total tetrahydrocannabinol')
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-02
Fingerprint
f749d8668b1e36a1
2. "Chemically derived cannabinoid" means a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant cannabis. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst.

4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter.

5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical.
a. The term includes:
(1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials;
(2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption;
(3) Hemp seed pressed or otherwise processed into oil;
(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and
(5) A hemp commodity or product approved in writing by the agriculture commissioner.
b. The term does not include:
(1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage;
(2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant;
(3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC;
(4) A product containing chemically derived cannabinoids, including:
(a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O;
(b) Hexahydrocannabinol, also known as HHC; and
(c) Tetrahydrocannabiphorol, also known as THCP; or
(5) A psychotropic hemp commodity or product disapproved in writing by the commissioner.

10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including:
a. Delta-7 tetrahydrocannabinol;
b. Delta-8 tetrahydrocannabinol; or
c. Delta-10 tetrahydrocannabinol.

11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.
N.D. Cent. Code Sec. 4.1-18.1-04.3 (Prohibited acts - Licensee) and Sec. 4.1-18.1-04.4 (Hemp commodities or products - Allowable products - Retailers) · N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-04.3 and 04.4 - conversion prohibition and chemically-derived-cannabinoid sale banOFFICIAL
Instrument
N.D. Cent. Code Ch. 4.1-18.1 (Hemp) Sec. 4.1-18.1-04.3 and 04.4 - conversion prohibition and chemically-derived-cannabinoid sale ban
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-02
Fingerprint
1d15ffaf8f45a481
4.1-18.1-04.3. Prohibited acts - Licensee.
A licensee may not:
1. Chemically modify or convert a hemp extract, or engage in any process that converts cannabidiol into delta-9, delta-8, delta-10-tetrahydrocannabinol, or other tetrahydrocannabinol isomers, analogs, or derivatives; and
2. Sell or distribute hemp or hemp commodities or products that contain chemically derived cannabinoids or were created by chemically modifying or converting a hemp extract.

4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers.
1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request.
2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol.
3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.
4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference.
5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical claims.
N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4 · N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(4), (5); 4.1-18.1-04.4
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-07
Fingerprint
e4d49b314fe418f3
4.1-18.1-01(4) ["Hemp" means] "The plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not" [with a total THC concentration in an amount determined by the commissioner]. (5) ["Hemp commodity or product" means] "a product made from hemp or hemp extract," [...] (b) [The term does not include] (2) "A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant;". 4.1-18.1-04.4(1) "A person may only sell hemp and hemp commodities or products allowed under this chapter." (2) "A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids" [...]. (3) [Products not allowed fall under chapter 19-24.1.] [Bracketed spans summarized.]
N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4 · N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(5); 4.1-18.1-04.4
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-08
Fingerprint
54579447a35d50c8
4.1-18.1-01. Definitions. 1. "Broad spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, but where tetrahydrocannabinol has been removed to nondetectable levels using a fit-for-purpose method, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 2. "Chemically derived cannabinoid" means a chemical substance created by a chemical reaction that changes the molecular structure of any chemical substance derived from the plant cannabis. The term does not include cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of a chemical catalyst. 3. "Full spectrum" means hemp extract or hemp commodity or product containing naturally occurring hemp-derived cannabinoids, terpenes, and other naturally occurring compounds, processed without intentional complete removal of any compound and without the addition of isolated cannabinoids, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner. 4. "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. The term does not include hemp extract, commodity or product using hemp, or a hemp substance or product prohibited by this chapter. 5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. a. The term includes: (1) Hemp processed through retting or other processing such that it is a suitable fiber for textiles, rope, paper, hempcrete, or other building or fiber materials; (2) Hemp seed processed such that it is incapable of germination and processed such that is suitable for human consumption; (3) Hemp seed pressed or otherwise processed into oil; (4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; and (5) A hemp commodity or product approved in writing by the agriculture commissioner. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 6. "Hemp extract" means a concentrate or extract obtained by separating cannabinoids from hemp by a mechanical, chemical, or other process. The term does not include hemp seed pressed or otherwise processed into oil. 7. "Hemp tincture" means a solution that may not exceed thirty milliliters consisting of: a. At least twenty-five percent of non-denatured alcohol, in addition to a hemp extract, and other ingredients intended for human consumption or ingestion; or b. Glycerin or plant-based oil and hemp extract, and is intended for human consumption or ingestion. 8. "Hemp topical" means a hemp commodity or product intended to be applied to the skin or hair. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 9. "Isolate" means hemp extract or hemp commodity or product comprised of a single cannabinoid compound. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol.

extract. 4.1-18.1-04.4. Hemp commodities or products - Allowable products - Retailers. 1. A person may only sell hemp and hemp commodities or products allowed under this chapter. All hemp and hemp commodities or products must undergo testing and report in a certificate of analysis and in the product label the testing results of the total tetrahydrocannabinol concentration amount. The certificate of analysis must be made available to the commissioner upon request. 2. A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1. 4. All hemp commodities or products sold pursuant to this section must comply with all product labeling rules as mandated by the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.] and related administrative rules, both the Act and rules incorporated by reference. 5. Under the Food, Drug, and Cosmetic Act [21 U.S.C. 9 et seq.], incorporated by reference, non-food and drug administration approved hemp-derived products may not be sold as dietary supplements, food or beverage products, or marketed with medical
N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols) · N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols)OFFICIAL
Instrument
N.D.C.C. 4.1-18.1-01(5)(b)(2); N.D.C.C. 19-03.1-05 (Schedule I tetrahydrocannabinols)
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-10-07
Fingerprint
c5e2fd944c6586b3
N.D.C.C. 4.1-18.1-01(4) "Hemp" means the plant cannabis sativa L. and any part of the plant, including the seeds and flowers, whether growing or not, with a total tetrahydrocannabinol concentration in an amount determined by the commissioner. (5) "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. (5)(a)(4) Cannabidiol, also known as CBD, products and cannabigerol, also known as CBG, including broad spectrum, full spectrum, and isolate products, with a total tetrahydrocannabinol level not to exceed an amount determined by the commissioner; (5)(b) The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; [further exclusions for delta-8 tetrahydrocannabinol and chemically derived cannabinoids including Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; Hexahydrocannabinol, also known as HHC; and Tetrahydrocannabiphorol, also known as THCP]. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. The maximum concentration or amount of total tetrahydrocannabinol permitted in a hemp topical is fifty milligrams per container. 4.1-18.1-04.4: A person may not sell hemp, or hemp commodities or products that contain chemically derived cannabinoids or delta-8 tetrahydrocannabinol. N.D.C.C. 19-03.1-05 (Schedule I) hemp exclusion: Tetrahydrocannabinols do not include: (a) The allowable amount of total tetrahydrocannabinol found in hemp or an allowed hemp commodity or product as defined in chapter 4.1-18.1. N.D.C.C. 19-03.1-01 "Marijuana" exclusions include "Hemp as defined in chapter 4.1-18.1". (Bracketed text summarized by fetch tool; quoted text as returned.)
North Dakota Century Code 4.1-18.1-01 (Definitions) · Hemp -- Definitions: hemp commodity or product; exclusion of chemically derived cannabinoids including HHC; total tetrahydrocannabinolOFFICIAL
Instrument
Hemp -- Definitions: hemp commodity or product; exclusion of chemically derived cannabinoids including HHC; total tetrahydrocannabinol
Source
https://ndlegis.gov/cencode/t04-1c18-1.pdf
Retrieved
2026-07-19
Fingerprint
3e3f3b10b8877729
5. "Hemp commodity or product" means a product made from hemp or hemp extract, including cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seeds, seed meal, and seed oil for consumption, a hemp tincture, and a hemp topical. b. The term does not include: (1) Hemp that has been chopped, separated, or dried for purposes of transfer or storage; (2) A chemical compound extracted from hemp used to formulate, process, or otherwise make an inhalant; (3) A product containing delta-8 tetrahydrocannabinol, also known as delta-8 THC; (4) A product containing chemically derived cannabinoids, including: (a) Tetrahydrocannabinol acetate, also known as THC-O-Acetate and THC-O; (b) Hexahydrocannabinol, also known as HHC; and (c) Tetrahydrocannabiphorol, also known as THCP; or (5) A psychotropic hemp commodity or product disapproved in writing by the commissioner. 10. "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol and any structural, optical, or geometric isomers of tetrahydrocannabinol, including: a. Delta-7 tetrahydrocannabinol; b. Delta-8 tetrahydrocannabinol; or c. Delta-10 tetrahydrocannabinol. 11. "Total tetrahydrocannabinol" means the sum of the percentage, by weight, of tetrahydrocannabinolic acid multiplied by eight hundred seventy-seven thousandths plus the percentage of weight of tetrahydrocannabinol. 4.1-18.1-04.4. 3. All other cannabis- or hemp-derived products that are not allowable hemp commodities or products under this chapter must be regulated in accordance with chapter 19-24.1.

Related

HHC (Hexahydrocannabinol) in neighboring states

HHC (Hexahydrocannabinol) in other states

Same framework in North Dakota

Other compounds in North Dakota

Cite this page

Compound Analytics. "Is HHC (Hexahydrocannabinol) Legal in North Dakota? (2026)." Compound Laws, https://compoundlaws.com/compounds/hhc/north-dakota/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

About · Methodology · Glossary · Changes · Data & API · llms.txt · Sitemap