HHC legislation: what is coming and how will it affect the market?
HHC in a nutshell
HHC, or hexahydrocannabinol, is found in such small quantities in the cannabis plant that it would be very expensive to extract, so it is produced semi-synthetically in laboratories by modifying other cannabinoids (such as CBD) or terpenes. HHC binds to the endocannabinoid receptor CB1 and can be psychoactive. However, the effects, especially the long-term effects, have not yet been studied in detail.
HHC products include oils and drops, distillates, HHC vape pens and cartridges in a variety of flavours, extracts, HHC hash, HHC hash, flowers and gummies.
Upcoming changes to HHC legislation in the Czech Republic
There has been no regulation or banning of this substance in the Czech Republic yet, but this is likely to change in a few weeks. The Ministry of Health is proposing to include HHC in the Annex to Government Regulation No. 463/2013 Coll. on the lists of addictive substances with effect from 1 July 2023. The reasons given include mainly safety concerns and health effects, as there is insufficient expert information and studies on HHC. Unregulated vending machines with HHC products, to which minors have access, are also a problem.
Narcotic drugs and psychotropic substances are controlled in the Czech Republic on the basis of Act No. 167/1998 Coll., on addictive substances and on amendments to some other acts. The list of controlled narcotic drugs and psychotropic substances is regulated by Government Regulation No. 463/2013 Coll., on lists of addictive substances.
The Ministry of Health of the Czech Republic has already prepared an amendment to the Government Regulation on the list of addictive substances. The proposal envisages the inclusion of HHC in the list of narcotic drugs and psychotropic substances.
This would mean that HHC would be added to those "narcotic substances" already on the list:
- Cannabis extract and tincture. With the exception of cannabis extract and tincture, which contains 1% of substances from the tetrahydrocannabinol group and meets the safety condition of the General Product Safety Act
- Cannabis
- Hemp resin
- Tetrahydrocannabinol (THC): Δ6a(10a)-, Δ6α(7)-, Δ7-, Δ8-, Δ10-, Δ9(11)-tetrahydrocannabinols and their stereoisomers
Is a ban on HHC inevitable?
Once this amendment is approved, the proposal will be submitted to the government. Once listed as a narcotic, HHC will not be able to be marketed in any form. HHC products will have to be withdrawn from all shops, vending machines and e-shops.
The current drug coordinator, Henry Voboril, would be in favour of regulation rather than a complete ban. A proposal for a list of regulated substances is ready, but there is not yet a set institution to ensure control. It can therefore be assumed that a provisional ban on HHCs will indeed take place and that it will last at least until a consensus on regulation can be found.
HHC in Europe
As regards the rest of Europe, some countries such as Austria, Switzerland and Finland have already banned HHC. Many countries are in the so-called 'grey zone', meaning that HHC is not explicitly banned because legislation on sale, distribution and use has not yet been updated. Elsewhere, specific conditions apply. In Germany, for example, legislation bans synthetically produced HHC, but if it is produced 'naturally', as many manufacturers claim, it is not covered by the ban.
Since October 2022, HHC has also been monitored by the European Union. In December, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) held its first "technical meeting" on hexahydrocannabinol and other semi-synthetic cannabinoids. The meeting, attended by over 140 experts, discussed the situation at EU and national level. HHC and related cannabinoids were discussed in terms of chemistry, analysis, pharmacology, effects and toxicology.
The rapid proliferation of HHC on the European continent was identified by the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) in its latest report as a risk to consumer health due to a lack of studies.
The EMCDDA will consider the risks
The EMCDDA and its National Focal Point partners said they will continue to monitor the rapidly developing HHC market closely to strengthen preparedness and response at national and EU level. As stated by the Legal Department of the Government Office, if the EMCDDA concludes that "the use of a substance is associated with serious risks, the outcome is usually a recommendation for legislative action in the form of a ban on the unauthorised disposal of the substance at EU level, and Member States are obliged to incorporate this into their national legislation."
Summary: HHC restrictions - and what next?
HHC has been the subject of much controversy and debate in recent months, with some countries already deciding to ban its sale, distribution and consumption. The Czech Republic is likely to join these countries on the basis of a proposal by the Ministry of Health, which wants to include HHC in the Annex to Government Regulation No. 463/2013 Coll. on the lists of addictive substances with effect from 1 July 2023.
The situation is also being monitored by the European Monitoring Centre for Drugs and Drug Addiction. Based on the experts' assessment, all EU Member States may be forced to incorporate changes regarding the management of HHC into their legislation.
In the event of a ban, manufacturers and retailers will have to focus on alternative products that are legal. Given the recent rise of vaping in Europe, a potential growth area for manufacturers and retailers to target is vape products that contain legal cannabinoids such as CBD or CBG.
Sources: Website of the Ministry of Health
Laws for the people (Government Regulation No. 463/2013 Coll.)
Government website of Czech Republic(Information on scientific studies)
EMCDDA website (EMCDDA technical expert meeting on hexahydrocannabinol (HHC) and related cannabinoids)
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