Hash (#) character inside a code block gets picked up by <<toc >> as a title

I have this python snippet inside one of my markdown pages:

# some comment

... Some code

When I create a table of contents with the <<toc >> tag it shows the actual headings in my file but also shows the comment in my code snippet. This is really annoying as you end up with a table of contents that looks like this:

• Heading

• • SubHeading
• some comment