The ABCs of Avoiding a Custody Battle

Why You May Get Into Trouble For Selling Fake Versions Of Illegal Drugs

by Barry Webb

When people talk about drug-related crimes, they mostly dwell on substances that the government has declared as illegal such as cocaine and heroin. However, you can also get into trouble for selling fake versions of these drugs.  This means the authorities may arrest you for selling a harmless white powder in the name of cocaine. Here are three reasons you may get into trouble for selling fake drugs:

Sale of Fake Drugs

Many states have enacted laws specifically targeting those who sell fake illegal drugs. Therefore, you will still be facing a criminal charge even if it isn't that of selling an illegal drug. In fact, you may be charged with this offense even if your powder is truly harmless and is not even illegal.

Fraud

According to Nolo, you commit fraud when you intentionally deceive someone and make him or her suffer a loss. Here are the elements of fraud:

  • False statement – this means making a lie that is significant in the context of the situation at hand. This element is met when you lie that a harmless powder is a drug.
  • Knowledge – you meet this threshold when you know that your powder is not a drug.
  • Intention – your intention should be to deceive the victim and profit from the deception.
  • Justifiable reliance of the victim – this means that the victim actually believes your lie. This is the case if the powder closely resembles the drug you are pretending that it is.
  • Injury – this means causing some harm (including financial) to the victim. You meet this threshold when you accept money for your powder.

Intentional Tort

Lastly, you can also get into trouble with the law if your "harmless" powder ends up harming your victim. It may be considered an intentional tort if you knew how your victim was going to use the substance, and you knew that it would harm him or her. Consider an example in which you sell wheat flour while pretending that it is cocaine. Suppose also that you knew that your victim was going to shoot (inject the drug). If he or she ends up doing this, and it makes him or her sick, then you can be charged with a crime.

Therefore, don't think you have an easy case if you have been arrested for selling an illegal drug, even if it's not the real thing. Do yourself a favor and get a good criminal attorney to handle your defense.

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