So, you got your hands on some kind substance that looks suspiciously a lot like a controlled substance. You know it isn't, but decide to have a good time by selling it anyway. You know it's harmless, and you know you're not selling a real drug. And that's what you try to explain to the police when they arrest you.
Why Are You Facing Charges for Fake Drugs?
The answer: Because in almost all cases, it absolutely is a crime to one extent or another.
People are very often surprised in these scenarios. Drug charges are extremely serious. But fake drugs aren't drugs. So why are you facing charges for them? The answer to that question can vary slightly on a state-by-state and even federal basis. You need to understand what the court can ultimately charge you with.
The Types of Charges You Can Face
Selling fake drugs either knowingly or unintentionally can lead to a host of charges.
Criminal fraud – Presenting one thing as something it's not is fraud. You are misleading someone who would otherwise not purchase from you. Even if you don't make the sell, you're still guilty of attempted fraud.
Criminal possession – If the fake drug you're selling is regulated then it's illegal to sell it anyway by federal law and many state laws. That's because both the sale and purchase of regulated drugs often fall under strict legal requirements.
For example, you happen to have an overabundance of a mild prescription drug but you sell it to people as if it's some other kind of drug. If you don't have a current prescription for it, then it can lead to a possession charge. If it's obvious you were going to sell it, or they have proof that you did, it can lead to an intent to distribute charge.
Drug paraphernalia – Owning or using various kinds of drug paraphernalia can cause you trouble. So even if the drug is fake, but you're using the right equipment to process it, then you can face charges for owning or operating the equipment. This can also lead to a drug manufacturing charge if they find a large amount of the fake drugs as well.
Criminal attempt – Just because you know it's not the real thing, you're still attempting to sell it as if it is. For example, if you attempt to sell a chopped up salad item as marijuana, then you're still technically attempting to sell marijuana. That's because you're presenting it as an illegal substance.
Other drug charges – As you can see, a lot can come out of some fake drugs. Many more charges can apply as well depending on your personal circumstances.
Speak to a Lawyer Immediately
Do not take charges for fake drugs lightly. They are serious and the consequences can last a lifetime. If you did it for fun or out of boredom, there's no guarantee you won't find yourself punished to the full extent that law allows. For these types of charges, or any drug charge in general, you should speak to a drug defense attorney like Kassel & Kassel A Group of Independent Law Offices immediately.