Synthetic cannabinoids, popularly known as "Bonzai", are laboratory-produced substances that mimic the active ingredient of natural marijuana, THC. There are hundreds of derivatives such as JWH-018, JWH-073, AKB-48, AB-CHMINACA.
Legal Situation — TCK Article 188/4
TCK Article 188/4 stipulates that the penalty will be increased by half if "the drug/stimulant substance is heroin, cocaine, morphine, base morphine or synthetic cannabinoids and their derivatives". This provision considers synthetic cannabinoids in the most severe category.
The "Derivative" Problem — New Psychoactive Substances
Due to the rapid evolution of synthetic chemistry, dozens of new psychoactive substances (NPS) emerge every year; The list is updated in the legislation. Whether the substance in question was on the prohibited list at the time the defendant was arrested is a critical defense point:
- TCK Article 188 cannot be applied to an unlisted substance (there is no crime or punishment without law - Constitution Article 38).
- The scope of the concept of "derivative" is controversial on the basis of chemical structure similarity.
- It is necessary to rely on the chemical analysis of the expert report.
Supreme Court 10th CD — Principle
10. CD adopts the determination that the substance is on the prohibited list on the actual date in the synthetic cannabinoid files, the chemical structure analysis must be performed with advanced techniques (GC-MS, LC-MS) and the report must be based on sufficient technical justification for the derivative qualification of the substance.
The "Bonzai" Effect and Accidents
Synthetic cannabinoids are much more powerful and unpredictable than natural marijuana; Fatal cases, acute psychosis, kidney failure, heart rhythm disorder may occur. This severity is taken into account as an aggravating factor in the penalty assessment.
TCK 188+ Other Crimes in Case of Death
In case of death of the person to whom the bonzai was sold, the file may be evaluated within the scope of TCK Article 85 manslaughter by negligence, in addition to Article 188, or if there are conditions, TCK Article 83 intentional homicide with negligent behavior. The bond between the perpetrator and the victim, the conscious continuity of the sale and the buyer profile are decisive.
Practical Considerations
- Criminal report: substance name, chemical structure, purity, amount of active ingredient.
- Comparison of banned list date and act date.
- Chemical structure expert on the "species-like" claim.
- Evidence of accidents under the effect of bonsai (medical report, autopsy).
Synthetic cannabinoid files are the most technically complex; It should be carried out by experienced criminal defense attorney.