By: RootSource Media,
The legal battle over hemp-derived cannabinoids escalated this week as two hemp companies filed federal lawsuits challenging the DEA’s decision to classify Hexahydrocannabinol (HHC) as a Schedule I controlled substance.
IHC Investments and Bluestar Operations have filed separate petitions in the Ninth and Fourth Circuit Courts of Appeals, arguing that the DEA exceeded its authority by attempting to criminalize a hemp-derived cannabinoid that Congress protected under the 2018 Farm Bill.
The lawsuits contend that the Farm Bill explicitly removed hemp and its derivatives, extracts, cannabinoids, and isomers from the Controlled Substances Act, provided they contain no more than 0.3% delta-9 THC. According to the petitioners, hemp-derived HHC falls within those protections and cannot be reclassified through agency interpretation.
The filings further argue that the DEA’s position conflicts with the plain language and intent of the Farm Bill and improperly labels commercially produced HHC as “synthetic THC.” The petitions also invoke the Major Questions Doctrine, asserting that the DEA lacks clear congressional authorization to regulate large portions of the hemp cannabinoid market through administrative action alone.
Bluestar Operations’ petition points to existing federal precedent, arguing that compliance with the Farm Bill’s delta-9 THC threshold, not post-harvest processing methods, should determine whether a hemp-derived cannabinoid product is lawful.
The companies warn that the DEA’s rule could have significant economic and legal consequences for manufacturers, retailers, and consumers operating within the hemp industry nationwide.
The coordinated filings represent one of the most significant federal court challenges to hemp policy since passage of the 2018 Farm Bill and could have far-reaching implications for the future regulation of hemp-derived cannabinoids in the United States.
Related Links
• DEA Final Rule on HHC:
https://www.federalregister.gov/documents/2026/05/04/2026-08595/specific-listing-for-hexahydrocannabinol-a-currently-controlled-schedule-i-substance
• USDA Hemp Program Information:
https://www.usda.gov/topics/hemp
Press Conference
An online media briefing regarding both cases will be held Tuesday, June 2, 2026, at 2:00 p.m. CDT.
Register here:
https://us02web.zoom.us/webinar/register/WN_zb3i47gvRQu3v0oFScVoAg
