According to MP Tom Philipp (KDU-ČSL), about a hundred of young people and children have been hospitalised in recent weeks after consuming sweets containing HHC. Intoxicated patients show alterations in consciousness that may last one or two days, mood swings or suffer from nausea.
This emergency prompted the Czech government to take action, deciding to temporarily ban the use of HHC and its derivatives from July 2023.
The inclusion of HHC in the list of prohibited substances has triggered a complex debate encompassing ethical, social and economic issues. It is essential to understand the differences between the substances involved and their legal status in the Czech Republic in order to fully assess the impact of this decision.
The substances involved (THC, CBD, HHC, mitragynine)
The active ingredients at the centre of the discussion are three cannabinoids, psychoactive substances obtained from the female inflorescences of cannabis, and mitragynine, an active ingredient found in kratom, a wild tree from south-east Asia.
THC is known for its psychoactive effects, which can include euphoria, relaxation, altered sensory perception and time, as well as potential side effects such as anxiety and paranoia. It is used in some medical contexts to treat pain, nausea, loss of appetite and other conditions. Despite being the most widely used cannabinoid, its use for non-medical purposes tends to be illegal in many European states, including the Czech Republic
CBD has no psychoactive effects and none associated with THC. Scientific studies have shown that CBD can be useful in treating various conditions, including anxiety, depression, epilepsy, pain and inflammation. The use of CBD in the Czech Republic is permitted as long as it does not exceed the 1% THC limit. It is therefore legally possible to find products such as oils, tinctures, jellies, candies and capsules, as well as inflorescences.
The most controversial of the three is HHC. It isconsidered a THC analogue with similar psychoactive effects, although there are reports suggesting that it may be less potent than THC. There is less research available on HHC than on THC and CBD, which means that its potential medical implications, particularly long-term ones, are less clear. It is precisely this lack of in-depth studies that places the substance in a ‘grey area’ in terms of legality, with several European countries deciding to ban it completely until further information becomes available and others, such as the Czech Republic, nominally banning it but not actually restricting its circulation.
Finally, mitragynine, found commercially in kratom leaves, is sold as a paint dye or as incense, despite having similar effects to THC. Taking advantage of the ‘grey area’ of legality, its use for other purposes allows sellers to circumvent food and pharmaceutical safety regulations.
Government Considerations and Proposed Law
As is understandable, the last two cases require government intervention for regulation: at the moment, the lack of a set of precise laws makes the sale of products containing HHC and mitragynine completely free, without quantity limits and, above all, without the need to verify the purchaser’s age, putting the health of minors at risk. Already in January, National Anti-Drug Coordinator Jindřich Vobořil had reported in a press release that new sweets and confectionery products containing the new semi-synthetic cannabinoid substance HHC could be marketed to children.
The Czech Republic’s position on this issue is clear. In recent years, the state had declared itself pro-legalisation of the above-mentioned substances, preferring a more benevolent legislation allowing their sale under strict conditions that allow state authorities to monitor the quality of these products and register sales outlets. As Vobořil himself explained in reference to the possibility of an outright ban, ‘You don’t die from an overdose of HHC, as with heroin or alcohol. But getting into such a state of anxiety that you can’t concentrate or do anything but sleep is obviously a problem,’ pointing out that the problem lies in abuse and consumption by unaware and unauthorised individuals. In addition, it is estimated that the cannabis market in the Czech Republic could reach a value of 158 million Euro by 2027, attracting new investors who can benefit the country and taking capital away from the large criminal organisations that run the cannabis trade in countries where total prohibition is enforced.
For these reasons, the dissatisfaction expressed by Jindřich Vobořil is related to the slow legislative process, which he explained in his statement : ‘The law on psychomodulant substances has been in the Chamber of Deputies since the beginning of autumn, that is where it is lingering. If it had been passed by now, the problem would be more under control, not 100 per cent, it can never be, but much more under control than it is now’.
A government meeting was therefore held on 7 February to resolve the current emergency, following which Health Minister Vlastimil Válek (TOP 09) stated that: ‘sweets containing risky HHC should disappear from vending machines and other outlets within about a month’, then allowing for a reintroduction from the beginning of 2025, when stricter legal limits will already be in place, allowing the sector to grow in every respect.
Sources: https://english.radio.cz/, https://www.forbes.com/, https://www.politico.eu/, https://businessofcannabis.com/
Image source: Diary/Jana Kopecká
Graphic source: https://storyset.com/
