What is hexahydrocannabinol-O-acetate and where can it be found?
Hexahydrocannabinol-O-acetate (HHC-O) is a synthetic derivative of hexahydrocannabinol (HHC), which itself is a hydrogenated form of tetrahydrocannabinol (THC) – the psychoactive substance in cannabis. HHCO is an acetylated version of HHC, in which an acetyl group is added to the molecule, similar to that, which is done in the synthesis of THC-O.
Hexahydrocannabinol-O-acetate (HHC-O) can be found in oils, vapes, gummies, foods, and other products sold online or in “CBD product” stores, often without clear regulation. Although derived from industrial hemp, HHCO is not a naturally occurring cannabinoid—it is created in a laboratory through chemical modification.
Consequences of use of HHC-O
The use of hexahydrocannabinol-O-acetate (HHC-O) leads to psychoactive effects similar to THC, but users report that the effects may be longer lasting and more intense. These include euphoria, impaired coordination, difficulty concentrating, and in some cases, anxiety or paranoia. Due to the synthetic nature of HHC-O, the effects can be unpredictable and vary depending on the purity of the product.
Hexahydrocannabinol-O-acetate (HHC-O) and police tests on drivers of motor vehicles
Hexahydrocannabinol-O-acetate (HHC-O) is not among the substances directly tested in the standard field tests used by the Bulgarian Ministry of Interior authorities. However, due to its structural similarity to THC, HHC-O may give a false positive result for cannabis in saliva tests. This could put the driver at risk of criminal prosecution.
IMPORTANT!!! In these cases, it is absolutely necessary to provide a blood sample. This is because, at present, hexahydrocannabinol-O-acetate (HHC-O) is not explicitly included in the lists of prohibited substances under Bulgarian law, but it is an analogue of the narcotic substance hexahydrocannabinol (HHC). Although driving a motor vehicle after using analogues of narcotic substances also constitutes a crime, the prosecution has an obligation to prove that the specific driver knew that the specific substance was an analogue.
A case from the law firm
Petko* was stopped for a routine police check, and the police officers asked him to take a drug test. Petko agreed, as he had never used drugs. However, the test came back positive for cannabis-25. The police officers confiscated the driver’s license, detained him, and, at his request, accompanied him to a medical facility to give a blood sample. At the same time, they filled out a report stating that Petko showed no external signs of drug use. He told them that two days earlier he had smoked a vape containing HHC-O.
The blood test results showed the presence of HHC in Petko’s blood. He was charged in court but was acquitted due to his lack of knowledge that he had used a narcotic substance.
In this case the client is represented by attorney Dr. Silvia Petkova.
* The name has been changed.
For more information on your options for defense if you are charged with driving after using hexahydronabinol-O-acetate (HHC-O), please refer to our article “Driving after using drugs. Penalties.”. The involvement of an experienced and qualified criminal defense attorney in such cases is recommended as early as the stage of being charged as a defendant.
Hexahydrocannabinol-O-acetate (HHC-O) and criminal prosecution
Under Bulgarian law, the use of narcotic substances or their analogues is not a crime in itself, but the acquisition, possession, possession for distribution, and distribution are criminalized under the Penal Code.
HHC-O is not explicitly listed in the lists of controlled substances to the Regulation on the classification of substances and plants as narcotic drugs. Despite this:
- Due to its chemical similarity to THC and HHC, which are cannabis derivatives, it is possible that HHC-O could be classified as a “substance with a similar structure and effect”, subject to interpretation of the law by judicial authorities.
- If it is proven that HHCO has a psychoactive effect similar to THC, it is possible that the prosecution will bring charges under Article 354a of the Criminal Code.
- If it is operated by a motor vehicle under the influence of HHCO, the driver may be held liable under Art. 343b, para. 3 of the Criminal Code – for driving after using narcotic substances or their analogues.
A case from the law firm
Stanislav* ran an online store selling vapes. Among them were those containing HHC-O, HHC-P, THC-P, and H4CBD. During a large-scale police operation, his warehouses were searched and all goods were seized. The expert reports appointed during the pre-trial proceedings showed the presence of HHC-O, HHC-P, THC-P, and H4CBD, as well as pure HHC, but this was not indicated on the vape packaging.
Stanislav was charged with possession with intent to distribute narcotic substances and their analogues. Subsequently, however, the pre-trial proceedings against him were terminated because he could not have known that these substances were analogues of HHC and THC.
In this case the client is represented by attorney Dr. Silvia Petkova.
* The name has been changed.
For more information on your options for defense if you are charged with possession of HHC-O, see our article “Drug Possession. Charges and Defense.” The involvement of an experienced and qualified criminal defense attorney in such cases is recommended as early as the stage of being charged as a defendant.
More information about options for protection, in case that you are charged with possession for the purpose of distribution or distribution of hexahydronabinol-O-acetate (HHC-O), you can find in our article “Distribution of drugs. Penalties”. The intervention of an experienced and qualified lawyer in criminal law in similar cases is recommended even at the stage of bringing charges in the capacity of defendant.
What measures can be taken by the accused for a crime related to HHC-O, in order to defend himself?
Defense against charges related to HHC-O may include:
- Appointment of an independent chemical-toxicological expert opinion to prove that the substance is not included in the list of prohibited substances or does not have a proven narcotic effect.
- Request for an opinion from the National Council on Narcotic Drugs or the Ministry of Health on the legal status of HHCO.
- Proving lack of intent in use or possession, especially if the product was purchased legally and without clear indication that it contains a prohibited substance.
- In the event of a traffic accident or police check – challenge the test, especially if it is not followed by a blood test.
Conclusion
HHC-O is a substance in a “gray area” of Bulgarian law. Although it is not explicitly criminalized, its similarity to THC and lack of regulation create legal risk. Until it is officially included in the list of controlled substances or explicitly excluded from it, any user or dealer is a potential target for criminal prosecution. The best protection remains awareness and timely legal advice.
Silvia Petkova Sole Proprietorship Law Firm is a specialized criminal law firm that employs some of the best lawyers in the country in cases related to narcotic substances and their analogues. Legal consultations at the office or by phone are provided only by appointment. We provide representation in criminal cases throughout the country.
Contact us
You can get to know our team in the “Team” section.
If you are charged with driving after using HHC-O, or with acquiring, possessing, or possessing with intent to distribute it, you can contact us using the following contact details:
Sole proprietorship law firm “Silvia Petkova”
address: Sofia, 2 Tri Ushi St., floor 3
working hours: Monday to Friday from 10:00 to 18:00
tel. 0885 47 77 57
email: office@petkovalegal.com
Interesting cases from our practice, can be found in the section “News”.