The substance hexahydrocannabixol (HHC-H) is a semi-synthetic cannabinoid derived from cannabihydroxyl (CBH), whose structure resembles that of tetrahydrocannabinol (THC) — the main psychoactive substance in the cannabis plant. Unlike classic THC, HHC-H does not occur naturally in the plant but is synthesized in laboratory conditions through chemical modification of other cannabinoids, such as CBD (cannabidiol).
The substance hexahydrocannabixol (HHC-H) may be found in products sold online and labeled as “legal alternatives” to marijuana. It comes in various forms, including vape oils, candies, chewing gum, tinctures, etc.
Effects of using hexahydrocannabixol (HHC-H)
The use of HHC-H leads to psychoactive effects similar to those of THC: euphoria, altered perception of reality, increased appetite, relaxation, but also anxiety, loss of concentration, and impaired motor skills. High doses can cause paranoia, hallucinations, and disorientation.
Since the substance has not been sufficiently clinically tested, there is a real risk of unpredictable and undesirable physiological and psychological reactions.
Hexahydrocannabixol (HHC-H) and police drug tests
The police tests used by the Ministry of Interior authorities when checking drivers are designed to detect basic psychoactive substances and their metabolites. When using HHC-H, due to its structural similarity to THC, the test may show a positive result for cannabis (marijuana).
After a positive field test, the driver may be subjected to a blood test for toxicological analysis, the results of which may be used as evidence. If the driver has used vapes, candies, tinctures, or other preparations containing hexahydrocannabixol (HHC-H), a blood test is mandatory for effective defense in the event of criminal proceedings. Determining the type of substance, its concentration, time of use, and its effect are important for defense.
In this case, it is considered that the motor vehicle was driven after the use of narcotic substances. This is because hexahydrocannabixol is included 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 Regulation on the classification of substances and plants as narcotic.
For driving after using hexahydrocannabixol (HHC-H) , the law provides for imprisonment for a term of one to three years, a fine of one thousand to five thousand leva, deprivation of the guilty driver’s right to drive a motor vehicle, as well as confiscation of the vehicle if it is owned by the driver or payment of its equivalent value if it is not owned by the driver.
Defense in charges for driving after using hexahydrocannabixol (HHC-H)
The law does not provide for probation or the possibility of exemption from criminal liability by imposing an administrative penalty.
If the driver has no previous convictions, the law itself provides for the possibility of deferring the execution of the sentence imposed. This is known as a suspended sentence. In this case, the court determines a specific term of imprisonment and suspends its execution for a probationary period of three to five years. If, within this period, the convicted person commits another crime, they will have to serve the suspended sentence separately, as well as the sentence that the court will impose for the new crime.
If the driver has been sentenced to imprisonment and has not been rehabilitated by law or by court order, when driving after using hexahydrocannabixol (HHC-H), there are only two possibilities: an acquittal, if the circumstances of the specific case allow it, or a conviction. In the latter case, the sentence imposed is served effectively in prison.
Detailed information about driving after using drugs is available in the article “Driving after using drugs. Penalties”.
PTP after use of hexahydrocannabixol (HHC-H)
Since hexahydrocannabixol is included in the list of prohibited substances under the law, causing a traffic accident resulting in significant property damage, bodily injury, or death after its use will lead to extremely serious consequences for the driver.
According to the latest amendments to the Penal Code, a driver who causes bodily harm or death to one or more persons after using narcotic substances shall be punished as follows:
- In cases of serious or moderate bodily injury, the punishment is imprisonment for one to six years. In particularly serious cases, the punishment is imprisonment for two to ten years.
The law does not provide for probation or the possibility of exemption from criminal liability by imposing an administrative penalty.
In this case conditional conviction is possible, if the driver has not been convicted and the court imposes a penalty of up to a13> three years imprisonment, and decides that for his rehabilitation it is a20> it is not necessary for him to serve the effective imposed sentence.
If the driver has been convicted and has not been rehabilitated, conditional conviction is not possible.
- If death is caused, the punishment is imprisonment for ten to fifteen years, and in particularly serious cases, for fifteen to twenty years.
Possession and distribution of hexahydrocannabixol (HHC-H)
As mentioned, the substance hexahydrocannabixol (HHC-H) is expressly mentioned in the list of prohibited substances under the Ordinance on the Classification of Plants and Substances as Narcotic and is considered a narcotic for the purposes of the law.
Possible crimes, related to hexahydrocannabixol (HHC-H), for which may be brought charges under, include:
- Acquisition and possession of hexahydrocannabixol (HHC-H) without proper authorization. The punishment is imprisonment for one to six years and a fine of two thousand to ten thousand leva. Detailed information on the possibilities for defense in such a case is available in the article “Possession of drugs. Punishments and defense”.
- Distribution, possession for the purpose of distribution or manufacture of hexahydrocannabixol (HHC-H). The punishment is imprisonment for two to eight years and a fine of five thousand to twenty thousand leva. Detailed information on the possibilities for defense in such a case is available in the article “Drug distribution. Defense when charged”.
Defense on raised charge on occasion hexahydrocannabixol (HHC-H)
- Appointment of a defense attorney – A lawyer specializing in criminal law and drug-related cases.
- Appointment of an independent expert
- Appeal of expert conclusions – In the event of contradictions in laboratory analyses.
- Proving lack of intent – For example, if the substance was purchased from a legitimate dealer advertising it as a legal product.
- Conclusion of an agreement with the prosecutor’s office – In certain cases this may lead to a suspended sentence or a reduced penalty.
Important! Bringing charges for driving after using hexahydrocannabixol (HHC-H) or for acquiring, possessing, or possessing with intent to distribute it does not necessarily mean that a conviction will be handed down. Effective defense against such charges should be achieved by asking the experts examining the substance in the case correctly and competently formulated questions.
Conclusion
In addition to hexahydrocannabixol (HHC-H) being explicitly included in the list of prohibited substances under Bulgarian law, its use and distribution carry serious risks—not only to health, but also to the criminal liability of users. In this context, caution when using or possessing such substances is not only advisable but imperative.
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.
You can get to know our team in the “Team” section.
Contact us if you are facing charges brought against you a7> for driving after using hexahydrocannabixol (HHC-H) or for its acquisition, or possession, or possession for the purpose of distribution.
Contacts:
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