The compound “hexahydrocannabinol” has been known to mankind since the 1940s, when it was discovered by chemist Roger Adams. It is found in small doses in the cannabis plant, but in the form in which it is used today, it is obtained chemically. Hexahydrocannabinol (HHC) is widely used as an ingredient in e-cigarette liquids (vape liquids), and its effects are similar to those of cannabis and the controlled substance delta-9-THC.
Until recently, the compound hexahydrocannabinol (HHC) was used as a legal alternative to cannabis and delta-9-THC. Accordingly, its sale, possession, and use were entirely legal.
On March 9, 2023, the National Council on Narcotic Substances adopted a decision to place the substance hexahydrocannabinol (HHC) in List I “Plants and substances posing a high risk to public health due to the harmful effects of their abuse, prohibited for use in human and veterinary medicine” of the Ordinance on the Classification of Substances and Plants as Narcotics. Until its inclusion in the ordinance, HHC should be considered an analogue of tetrahydrocannabinol. The latter, in turn, has always been part of List I.
An “analogue” of a narcotic substance is a substance that is not included in the lists of the Ordinance on the Classification of Plants and Substances as Narcotic, but has a similar chemical composition to one of the narcotic substances included in them and causes a similar effect on the human body. It is precisely because of the similar chemical composition and similar psychotropic effect of hexahydrocannabinol and tetrahydrocannabinol that it has been declared an analogue thereof.
This decision has serious consequences, both from the point of view of legal entities engaged in the import and sale of vape liquids containing hexahydrocannabinol (HHC) and from the point of view of criminal law when it comes to the possession and distribution of drug analogues.
Distribution, possession for the purpose of distribution, and transportation across the border of hexahydrocannabinol (HHC). Penalties
The first serious consequence of the Council on Narcotic Drugs’ decision to declare hexahydrocannabinol an analogue of tetrahydrocannabinol is that anyone who possesses hexahydrocannabinol for the purpose of distribution or distributes it will be subject to criminal liability. This affects all e-cigarette shops that offer liquids containing HHC.
Under the terms of the law, any person who possesses for the purpose of distribution or distributes analogues of high-risk narcotic substances, as is the case with hexahydrocannabinol, shall be punished with imprisonment of two to eight years. In other words, we are faced with a hypothesis of committing a
The severity of the punishment envisaged gives rise to several possible outcomes in this particular case.
Contrary to the common belief that a clean criminal record always leads to a suspended sentence, this is not the case. A clean criminal record can only serve as grounds for a suspended sentence if the court imposes a prison sentence of up to three years. Any sentence exceeding this term always means effective imprisonment.
It should be noted that even if the defendant has a clean criminal record and the court has imposed a prison sentence of up to three years, it is still possible for the sentence to be enforced. This is because a suspended sentence is only an option, not an obligation, for the court. It may only apply it if it considers that, in order to reform and re-educate the offender to comply with the laws of the country, it is not necessary for them to serve the sentence effectively.
In the event of a previous conviction for which rehabilitation has not occurred, or in the event of a violation during the probation period of a previous suspended sentence, the punishment shall always be effectively served.
Under no circumstances may a charge of possession of hexahydrocannabinol for the purpose of distribution or distribution be replaced by probation or exemption from criminal liability with the imposition of an administrative penalty.
In summary, there are three possible outcomes in this case: acquittal, suspended sentence, and effective imprisonment. An acquittal or suspended sentence, as well as a lower sentence, can be achieved with the help of a good criminal defense lawyer.
When large quantities of liquids are discovered, containing hexahydrocannabinol, such as would be the case in the case of a11> a search of a warehouse belonging to a trader in liquids for electronic cigarettes, the punishment is from three to twelve years imprisonment and a fine from ten thousand to fifty thousand levs. The above regarding the possibilities for conditional sentencing, replacing deprivation of liberty with probation and exemption from criminal liability with imposition of administrative penalty are valid and in this case.
Transporting across the border (importing/exporting) analogues of narcotic substances, such as e-cigarette liquids containing HHC, is also a crime. The penalty is imprisonment for ten to fifteen years and a fine of one hundred thousand to two hundred thousand leva. In this case, a suspended sentence is almost impossible, even with a clean criminal record.
This is because, definitively, a suspended sentence is only possible when the court imposes a prison sentence of up to three years. In the case of importing/exporting products containing hexahydrocannabinol, the minimum sentence is ten years’ imprisonment. In order for a sentence below the minimum to be imposed, there must be particularly numerous or exceptional mitigating circumstances.
The discovery of such evidence is practically the responsibility of the defense attorney involved in the case—a criminal law attorney.
Possession of hexahydrocannabinol and driving after using HHC. Penalties
The second serious consequence of the Council on Narcotic Drugs’ decision to declare hexahydrocannabinol an analogue of tetrahydrocannabinol is that anyone who acquires (purchases) or possesses (possesses) hexahydrocannabinol or drives after using it is subject to criminal prosecution.
With regard to the purchase and possession of hexahydrocannabinol, the law provides for imprisonment of between one and six years.
The above statements regarding conditional sentencing, the replacement of imprisonment with probation, and the exemption from criminal liability with the imposition of an administrative penalty are also valid in this case. With regard to possession for the purpose of distribution and distribution, purchase and possession for personal use, the only difference is in the minimum and maximum amounts of the penalties of imprisonment and fines provided for.
In minor cases, the penalty is a fine of up to one thousand leva. This would be the case, for example, if a small package of low-value e-cigarette liquid intended for personal use is found on the person. It is important to note that the assessment of whether a minor case exists is made in each specific case in view of the evidence and circumstances surrounding it. In some situations, the discovery of a small package of low value may be considered a minor case, but in others, charges may be brought before a court for possession of a narcotic substance analogue. This may occur, for example, in the case of a previous conviction.
Even if the case is deemed minor, the person will be considered convicted and this will be reflected in their criminal record.
IMPORTANT! If small quantities of low-value liquid are found, depending on the circumstances, it is possible that the act may be assessed as one that is characterised by negligible or no public danger. In this case, an acquittal is pronounced.
With regard to driving after using hexahydrocannabinol, the law provides for a penalty of one to three years imprisonment and a fine of two hundred to one thousand leva. And in this case replacement of deprivation of liberty with probation and release from criminal liability with the imposition of an administrative penalty is impossible.
In summary, and in these cases there are three possibilities: acquittal verdict, suspended sentence and effective deprivation of liberty. Acquittal or suspended sentence, as well as a lower penalty in terms of severity may be achieved with the help of a good sentence and a lower penalty with the help of a good lawyer in criminal law.
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More interesting topics, related to committing crimes, the penalties provided for and the means of defense, can be found in the section “Criminal law”.
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