Plans to reclassify Hexahydrocannabinol

The German Federal Ministry of Health ("Bundesministerium für Gesundheit - BMG") has presented a draft of the Twenty-Seventh Ordinance amending the schedules of the German Narcotics Act ("Betäubungsmittelgesetz - BtMG"). Among other things, the draft ordinance aims to include hexahydrocannabinol (HHC) in Schedule II of the BtMG.

Background

The draft regulation transposes the resolutions of the 68th and 69th sessions of the UN Commission on Narcotic Drugs (CND) from 2025 and 2026 into national law. On the basis of § 1(4) of the BtMG, HHC, amongst other substances, is to be included in Schedule II of the BtMG. With this inclusion, the Federal Republic of Germany is fulfilling its obligations under international treaties to transpose amended international legal requirements into national law.

Hexahydrocannabinol (HHC) is a semi-synthetic cannabinoid most commonly synthesised from cannabidiol (CBD) as a precursor. As far as is known, HHC is not used therapeutically and is not authorised. However, there is sufficient evidence that HHC is being misused or is likely to be misused, and that the substance could pose a public health problem, thereby justifying international control measures. Consequently, HHC has been included in Schedule II of the Convention on Psychotropic Substances.

However, as HHC occurs in small quantities in the cannabis plant, an exemption has been created within Schedule II of the BtMG:

• Where it concerns cannabis for medical and medical-scientific purposes in accordance with the German Medical Cannabis Act (MedCanG).
• Where it is a non-synthetic form in circulation for non-medical purposes.

The exemption for HHC makes it clear that only synthetically produced, isolated or specifically enriched HHC is subject to control under narcotics law, including its possible stereoisomers and esters. Naturally occurring HHC in the cannabis plant remains unaffected by this. In this respect, depending on the intended use of the cannabis plant, the German provisions of the Recreational Cannabis Act or the Medical Cannabis Act (MedCanG), as well as the specific legislation applicable to industrial hemp, apply.

For further information, please see Amendments to the Annexes to the German Narcotics Act.