THCP vape: Prosecution and Defense – Practical guide by lawyer on criminal law
In recent years, the market for products containing cannabinoids has undergone rapid development, and with it, challenges for legislation and law enforcement. One of the newer and lesser-known cannabinoids is tetrahydrocannabiphorol, also known as THCP.
If you or a loved one is facing charges related to THCP vaping or other THCP products, this article will provide you with key information and guidance. As a specialized criminal law firm, our goal is to provide you with clear and accessible information to help you understand your legal situation and take timely action to effectively protect your rights.
What is tetrahydrocannabiphorol (THCP)?
Tetrahydrocannabiphorol (THCP) is a synthetic cannabinoid, derived from the well-known -tetrahydrocannabinol (THC) – the main psychoactive component in the cannabis plant. The main difference in the chemical structure of THCPO compared to THC is the presence of a longer side chain, which, according to some studies, may enhance its affinity for cannabinoid receptors in the human body and thus lead to more potent effects.
Chemical structure and properties
THCP is a derivative of THC. This modification may affect its metabolism in the body and the duration of its action.
Impact on the human body
Similar to THC, THCP interacts with the human endocannabinoid system, mainly by binding to CB1 receptors in the brain and central nervous system. This interaction can lead to a range of psychoactive effects, including euphoria, altered perception, relaxation, changes in appetite, and impaired coordination. Due to its presumed greater potency, the effects of THCP may be more intense and longer-lasting than those of THC.
Potential risks associated with use
At present, THCP is not approved for medical use and is mainly distributed on the market for “new psychoactive substances.” Consumers seek it out for its alleged recreational effects. Due to the lack of comprehensive scientific research on the long-term effects and safety of THCP, its use carries significant and unpredictable health risks.
Developing dependence
Although more research is needed, given THCP’s similarity to THC and its psychoactive properties, there is a serious risk of developing psychological dependence with regular use. Withdrawal symptoms are also possible when use is discontinued.
Sale of THCP vape and other THCP products. Is it legal or not?
The legal status of THCP in Bulgaria is complex and dynamic. At present, the sale of THCP vapes and other THCP products in Bulgaria is ILLEGAL.
This is due to the fact that, as of May 23, 2025, THCP falls within the scope of the Control of Narcotic Substances and Precursors Act (CNSPA) and the Ordinance on the Classification of Plants and Substances as Narcotic and is classified as a high-risk narcotic substance.
IMPORTANT! Prior to that date, it was classified as a “drug analogue” or “new psychoactive substance” that has a similar chemical structure and/or pharmacological effect to already banned substances (such as THC). In the event of a charge for the sale of THCP vape or other THCP products before May 23, 2025, the prosecution must prove that the defendant was aware of the chemical structure and effects of THCP.
Penalties for distributing THCP vape or other THCP products:
The distribution of narcotic substances or their analogues within the meaning of Bulgarian criminal law does not only include sale (i.e. the exchange of THCP vapes or other THCP products for money). Any transfer of actual control of THCP vapes or other THCP products from one person to another constitutes “distribution” and is punishable more severely than possession for personal use. Simply put, distribution can include giving THCP vapes or other THCP products as gifts, as well as ordering such products collectively and then distributing them among those who ordered them.
According to the Penal Code (PC) of the Republic of Bulgaria, acts related to the distribution of narcotic substances are severely punishable.
- Article 354a, paragraph 1 of the Penal Code: “Anyone who, without a proper permit, manufactures, processes, acquires, possesses, or distributes high-risk narcotic substances shall be punished with imprisonment of three to twelve years and a fine of ten thousand to one hundred thousand leva.”
Is it possible to conditionally convict and under what conditions?
A suspended sentence (Article 66 of the Criminal Code) is possible, but it is more difficult in the case of serious crimes such as possession with intent to distribute and distribution of drugs. The conditions are:
- The punishment deprivation of liberty, which the court determines in the specific case, shall be up to three years.
- The person must not have been convicted of imprisonment for an intentional crime of a general nature.
- The court shall consider that, in order to achieve the objectives of punishment and rehabilitation of the convicted person, it is not necessary for him to serve the sentence imposed.
- A probationary period of three to five years is set.
In cases involving charges of distributing THCP vape or other THCP products, the prosecution often seeks an effective sentence, but in the presence of mitigating circumstances (e.g., small quantity, no previous convictions, cooperation with the investigation) and good defense by an experienced criminal lawyer, a suspended sentence is very likely.
Is it possible to impose only a fine and under what conditions?
For the distribution of high-risk narcotic substances, the law provides for both imprisonment and a fine.
In the event of a charge for distributing THCP vape or other THCP products, imposing only a fine is not possible, as it is not permitted by law.
Possession of THCP vape or other THCP products. Is it legal?
Possession of THCP vapes or other THCP products in Bulgaria is also ILLEGAL.
Both in terms of sale and possession, THCP is treated as a prohibited substance under the law.
IMPORTANT! In the event of a charge for possession of THCP vape or other THCP products before May 23, 2025, the prosecution must prove that the defendant was aware of the chemical structure and effects of THCP.
Provided penalties for possession:
- Article 354a, paragraph 3 of the Penal Code: “Anyone who possesses high-risk narcotic substances without a proper permit shall be punished with imprisonment of one to six years and a fine of two thousand to ten thousand leva.”
Is it possible to conditionally convict and under what conditions?
Yes, when in possession of THCP vape or other THCP products, a suspended sentence is more likely compared to distribution, especially if the quantity is small and there are no other aggravating circumstances. The conditions are the same as those mentioned above:
- The punishment deprivation of liberty shall be up to three years.
- The person must not have been convicted of imprisonment for an intentional crime of a general nature.
- The court shall consider that, in order to achieve the objectives of punishment and rehabilitation of the convicted person, it is not necessary for him to serve the sentence imposed.
- A probation period equal to the length of the sentence, but not less than three years, shall be determined.
Is it possible to impose only a fine and under what conditions?
Yes, when in possession of THCP vape or other THCP products, only a fine may be imposed if the case is classified as “minor.”
In order for a case to be classified as minor, the following factors are decisive:
- The quantity of the substance found must be minimal, often within the range of a single or multiple doses for personal use.
- The type of the substance.
- The way of holding.
- The absence of other evidence of intent to distribute.
- Clean criminal record of the person.
- The personality of the perpetrator and other mitigating circumstances.
If these conditions are met, the punishment may be reduced to a fine only.
Important! It is possible that for possession of THCP vape or other THCP products, the defendant may be exempt from criminal liability with the imposition of an administrative penalty or be fully acquitted by the court. Whether this is possible is assessed in light of the circumstances of the specific case, which should be assessed in detail by an experienced criminal lawyer.
Driving after using THCP vape or other THCP products. Is it legal?
When tested for drug use during a police roadside check, the use of THCP vape or other THCP products will result in a positive test for THC (marijuana) use. If you have used THCP vape or other THCP products more than 24 hours prior to the test, a blood sample is absolutely mandatory. This is because this is the only way to determine the time of use and whether the driver was under the influence of the narcotic substance. The court may acquit the driver if it is established that the use was remote from the driving and the driver was not under the influence of THCP.
According to the Penal Code, driving a motor vehicle after using narcotic substances or their analogues is punishable by imprisonment of one to three years and a fine of five hundred to one thousand five hundred leva.
Is it possible to conditionally convict and under what conditions?
Yes, driving after using THCP vape or other THCP products is subject to conditional sentencing, especially if there are no other aggravating circumstances (e.g., traffic accident with injuries, causing significant damage). The conditions are the same as those mentioned above:
- The punishment deprivation of liberty shall be up to three years.
- The person must not have been convicted of imprisonment for an intentional crime of a general nature.
- The court shall consider that, in order to achieve the objectives of punishment and rehabilitation of the convicted person, it is not necessary for him to serve the sentence imposed.
- A probation period equal to the length of the sentence, but not less than three years, shall be determined.
It is important to note that the suspended sentence applies to the penalty of imprisonment, but the deprivation of the right to drive is mandatory and is imposed simultaneously with the imprisonment for a period determined by the court.
Is it possible to impose only a fine and under what conditions?
In principle, the law provides for both imprisonment and a fine for driving under the influence of drugs. Imposing only a fine for this type of offense is not possible.
At the same time as this, in all likelihood the court will order the seizure of the car or the confiscation of the car. a6> order the confiscation of the car or award its equivalent value to him, if it is not the owner of the driver.
IMPORTANT! In the event that a charge is brought for driving after using a THCP vape or other products, a12> other THCP products before May 23, 2025 the prosecution must prove that the defendant knew the chemical structure and effect of THCP.
Conclusion