In this article, we share some of the cases involving drug vaping that the lawyers at the sole proprietorship law firm “Silvia Petkova” are working on.
In recent years, electronic smoking devices have been increasingly entering the Bulgarian market and are being used by more and more consumers as a substitute for tobacco cigarettes. Vapes often contain substitutes for tetrahydrocannabinol and hexahydrocannabinol, which are not yet controlled as narcotic substances under the law and are therefore marketed as a “legal alternative.” Even more often, however, it turns out that by purchasing such substitutes, the consumer is actually buying a vape with drugs or drug analogues.
Silvia Petkova Sole Proprietorship Law Firm is a leading specialized criminal law firm with highly qualified criminal lawyers who have extensive experience in successfully representing clients detained or charged with possession and distribution of drugs, as well as driving under the influence of drugs.
Vaping with drugs: possession with intent to distribute
Many traders import electronic smoking devices containing tetrahydrocannabinol and hexahydrocannabinol substitutes on the assumption that if a particular substance is not explicitly mentioned in the lists under the Ordinance on the Classification of Substances and Plants as Narcotic, its possession for distribution purposes is legal.
It was with this idea in mind that Tihomir* set up a trading company and began ordering vapes from various European countries. His partners assured him that the contents of electronic smoking devices were completely legal throughout the European Union, pointing out that they were legal alternatives to banned narcotic substances.
Trusting his partners completely and checking for substances prohibited by law, Tihomir ordered large quantities of smoking devices for sale through an online store. Shortly after the shipment arrived, and probably following a tip-off from a competitor, Tihomir’s home was searched by the police, who discovered that the electronic smoking devices were in fact drug vapes, as the alternatives to tetrahydrocannabinol and hexahydrocannabinol were in fact analogues of narcotic substances, the possession of which for distribution is also a crime.
It was a1> formed pre-trial proceedings for possession with intent to distribute multiple items of high value, representing vapes with drugs. Despite this, with the assistance of a lawyer from a sole proprietorship law firm “Silvia Petkova” the case was terminated, due to the fact that Tihomir did not know that the items were vapes containing drugs.
Vaping with drugs: distribution
Todor* had an online store selling vapes and, like Tihomir, he offered smoking devices with “legal” alternatives to narcotic substances. Todor’s online store operated smoothly for more than two years. On his way to the office of the courier company through which he usually sent his orders, he was stopped by police officers who asked him if he was carrying any prohibited items or objects. Todor replied in the negative, as he believed that the goods he had prepared for shipment to his customers were not prohibited by law.
The police officers ordered Todor to open all the packages. They contained various vapes and refills for vapes, which he voluntarily handed over to police officers. Immediately after this check, a search was carried out in Todor’s warehouse, and a large quantity of vapes were seized. a25> seized large quantity vapes and refills for vapes. A pre-trial investigation was initiated.
The chemical analysis showed that some of the smoking devices were actually drug vapes, as they contained hexahydrocannabinol, a substance whose distribution is prohibited by law and constitutes a criminal offense. Todor has been charged with distributing narcotic substances in the form of drug-laced vapes.
The case is currently pending and is being handled by a lawyer from the sole proprietorship law firm “Silvia Petkova.”
Vaping drugs: possession for personal use
Two of the firm’s clients purchased smoking devices from the same online store. According to the description, one device contained THCJD and the other contained HHCP. Both were checked in the same way: upon leaving the office of the courier who delivered the devices. After a field test, both devices reacted to methamphetamine, i.e., they turned out to be drug vapes. Both clients were detained for up to 24 hours, and pre-trial proceedings were initiated.
Additional tests will be carried out to determine whether it is indeed a drug vape—whether it contains methamphetamine, another drug, or a drug analogue.
In both cases, a lawyer from the sole proprietorship law firm “Silvia Petkova” is involved.
IMPORTANT! Currently, HHCP is a controlled substance under the law, and possession for personal use, possession for distribution, distribution, and driving under the influence are criminal offenses.
Vaping drugs: driving after use
Anton* often bought electronic smoking devices from various places. Nothing in the appearance or effect of the device suggested in any way that it was a drug vape, which is why Anton did not suspect anything wrong with the devices he used. As a result, he often drove a motor vehicle while smoking such a device.
During one of his trips, Anton was stopped for a routine check by police officers, who informed him that he would be tested for drug use. He agreed, as he did not use drugs and had no doubt that his test would be negative. However, the result turned out to be positive for cannabis-25.
Anton was extremely surprised and insisted on being taken to a medical facility to provide biological samples for testing in an accredited laboratory. However, the test results also came back positive for hexahydrocannabinol, meaning that Anton, without knowing it, had used a vape containing drugs.
He is currently on trial for driving after using a drug-laced vape. The case is pending and a lawyer from the Sylvia Petkova Sole Proprietorship Law Firm has been engaged to represent him.
* Names have been changed to protect attorney-client privilege.
Consequences of spreading vaping with drugs
Drug distribution is a serious crime punishable by imprisonment for two to eight years. The fact that it involves vaping drugs does not change the fact that it is a crime punishable by the aforementioned penalty. Of particular importance in this type of case is whether the person distributing the drug-laced vape knows that the product contains narcotic substances or their analogues, i.e., “substitutes” that are often advertised by manufacturers as legal alternatives without actually being so.
In the case of this crime, the possibilities for conditional sentencing are limited, and probation and the imposition of administrative penalty instead of engaging criminal liability are impossible.
Consequences for possession for personal use of vapes with drugs
Possession of drugs for personal use is also considered a serious crime under the law, although the penalties are lower than those for possession with intent to distribute and distribution of drugs. The fact that the possession involves a drug-filled vape does not change the criminal nature of the act, although it must be proven that the perpetrator knew that the specific vape contained the narcotic substances or their analogues found during the investigation.
Here, there are more opportunities to defer the enforcement of a sentence imposed on an uncondemned person, but probation is not possible.
If the quantity found is small or the perpetrator keeps the vape with drugs for personal use due to addiction, the options range from imposing a fine to full acquittal.
Consequences when driving after using a drug vape
Driving after using a drug-laced vape is punishable by imprisonment of one to three years. In this case, the perpetrator’s car is confiscated by the state, and if it was not his property, its equivalent value is awarded. The driver’s license is revoked for a period determined by the court.
If the perpetrator has no previous convictions, there are many possibilities for postponing the enforcement of the sentence (suspended sentence), but probation and the imposition of an administrative penalty instead of criminal liability are not possible.
Here, as in other cases, it is essential to know whether the driver knew that he was using a vape with drugs, especially if he purchased the device completely legally and keeps the receipt, order details, or any other proof that the device was legally purchased from a legitimate online or physical store.
IMPORTANT! If devices that turn out to be drug vapes are found in your possession, it is particularly important to promptly engage a criminal defense attorney who has experience in this specific area. This is even more important if you are charged with possession, possession with intent to distribute, distribution, or driving after using a drug-filled vape. You should not give any explanations to police officers or investigators before consulting with an experienced lawyer.
For contact
Sole proprietorship law firm company “Silvia Petkova “
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Address
Sofia, 2 Tri Ushi St., 2nd floor 02/ 980 00 00, 0888 222 222
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0885 47 77 57
office@petkovalegal.com
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