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<blockquote data-quote="Lycanthrope" data-source="post: 52935" data-attributes="member: 562">You could make a killing selling Alfalfa for $15/gram!!! Im sure it doesnt matter much at this point, but you can get in a lot of trouble for selling something legal, claiming it is illegal, silly as that is.---------------&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; by <a href="http://www.criminaldefenselawyer.com/law-authors/deborah-england.html" target="_blank">Deborah C. England</a>&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; <a href="https://www.facebook.com/sharer/sharer.php?u=http%3A%2F%2Fwww.criminaldefenselawyer.com%2Flegal-advice%2Fcriminal-defense%2Fdrug-charges%2Fjail-selling-fake-drugs.htm" target="_blank">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Share on Facebook&nbsp; &nbsp; &nbsp; &nbsp;&nbsp; </a>&nbsp; &nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp; <a href="https://plus.google.com/share?url=http%3A%2F%2Fwww.criminaldefenselawyer.com%2Flegal-advice%2Fcriminal-defense%2Fdrug-charges%2Fjail-selling-fake-drugs.htm" target="_blank">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Share on Google Plus&nbsp; &nbsp; &nbsp; &nbsp;&nbsp; </a>&nbsp; &nbsp;&nbsp; &nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Question: I&nbsp; sold a baggie of aspirins that I said was OxyContin to a guy at a&nbsp; concert. After the show, I heard that there were undercover officers in&nbsp; the crowd. Could I be busted for selling fake drugs?&nbsp;Answer: Yes. States and federal laws make&nbsp; the sale of fake drugs illegal, and you can even be charged with an&nbsp; attempted drug sale under some laws. &nbsp;This article discusses laws on the sale of counterfeit drugs generally. For more information on specific drug laws, see <a href="http://www.criminaldefenselawyer.com/topics/drug-laws" target="_blank">Drug Possession Laws &amp; Drug Charges</a>.&nbsp;Fraud&nbsp;Taking money from someone under intentionally false pretenses is <a href="http://www.criminaldefenselawyer.com/crime-penalties/federal/Fraud.htm" target="_blank">fraud</a>. (18 USC § 1001.) Under the law, an intentionally and materially false statement relied upon by another constitutes fraud.&nbsp;“Intentionally”&nbsp;A person intentionally makes a false statement when he makes the&nbsp; statement knowing it to be untrue. You knew that the baggie contained&nbsp; only aspirin when you told the other person that it contained <a href="http://www.criminaldefenselawyer.com/legal-advice/criminal-defense/drug-charges/selling-oxycontin-penalites.htm" target="_blank">OxyContin</a>, so you intentionally made a false statement.&nbsp;“Materially”&nbsp;“Materially” means that the false statement concerns a fact that is&nbsp; of significance in the context. So, when person intentionally&nbsp; misrepresented the baggie of aspirin as OxyContin to someone who paid to&nbsp; purchase (and believed he was purchasing) OxyContin, the intentional&nbsp; misrepresentation was material to the transaction. The buyer would not&nbsp; have paid you if the true contents of the baggie were known to him.&nbsp;Of course, it is highly unlikely that a victim who was trying to&nbsp; illegally purchase drugs would report being ripped off by a dealer who&nbsp; sold him aspirin instead of OxyContin. But, selling to an undercover&nbsp; officer or a police informant could lead to your arrest for fraud.&nbsp;Fake Illegal Drugs&nbsp;Most states make it a crime to attempt to sell a substance on the&nbsp; premise that it is an illegal drug, even if the substance itself is not&nbsp; illegal. This is also a criminal fraud.&nbsp; Man Convicted Of Criminal Fraud For Attempt To Sell Fake LSD&nbsp;After following undercover agents to a hotel parking lot, a Missoula,&nbsp; Montana, man attempted to sell them a sheet of paper that he claimed&nbsp; was “blotter acid.” Even though the paper tested negative for LSD, the&nbsp; man was charged with criminal fraud and faced a five-year prison&nbsp; sentence and a fine of $50,000.&nbsp;&nbsp;In another Montana case, a man was busted for offering to sell what&nbsp; he said was the drug Ecstasy but was actually flour. After he tweeted&nbsp; that he Ecstasy to sell, police officers obtained a warrant and found&nbsp; the flour, paraphernalia, and the phone he tweeted on in his apartment.</blockquote>

[QUOTE="Lycanthrope, post: 52935, member: 562"] You could make a killing selling Alfalfa for $15/gram!!! Im sure it doesnt matter much at this point, but you can get in a lot of trouble for selling something legal, claiming it is illegal, silly as that is. --------------- by [URL="http://www.criminaldefenselawyer.com/law-authors/deborah-england.html"]Deborah C. England[/URL] [URL="https://www.facebook.com/sharer/sharer.php?u=http%3A%2F%2Fwww.criminaldefenselawyer.com%2Flegal-advice%2Fcriminal-defense%2Fdrug-charges%2Fjail-selling-fake-drugs.htm"] Share on Facebook [/URL] [URL="https://plus.google.com/share?url=http%3A%2F%2Fwww.criminaldefenselawyer.com%2Flegal-advice%2Fcriminal-defense%2Fdrug-charges%2Fjail-selling-fake-drugs.htm"] Share on Google Plus [/URL] [B][I]Question: [/I][/B]I sold a baggie of aspirins that I said was OxyContin to a guy at a concert. After the show, I heard that there were undercover officers in the crowd. Could I be busted for selling fake drugs? [I][B]Answer:[/B][/I] Yes. States and federal laws make the sale of fake drugs illegal, and you can even be charged with an attempted drug sale under some laws. This article discusses laws on the sale of counterfeit drugs generally. For more information on specific drug laws, see [URL="http://www.criminaldefenselawyer.com/topics/drug-laws"]Drug Possession Laws & Drug Charges[/URL]. [B]Fraud[/B] Taking money from someone under intentionally false pretenses is [URL="http://www.criminaldefenselawyer.com/crime-penalties/federal/Fraud.htm"]fraud[/URL]. (18 USC § 1001.) Under the law, an intentionally and materially false statement relied upon by another constitutes fraud. [B]“Intentionally”[/B] A person intentionally makes a false statement when he makes the statement knowing it to be untrue. You knew that the baggie contained only aspirin when you told the other person that it contained [URL="http://www.criminaldefenselawyer.com/legal-advice/criminal-defense/drug-charges/selling-oxycontin-penalites.htm"]OxyContin[/URL], so you intentionally made a false statement. [B]“Materially”[/B] “Materially” means that the false statement concerns a fact that is of significance in the context. So, when person intentionally misrepresented the baggie of aspirin as OxyContin to someone who paid to purchase (and believed he was purchasing) OxyContin, the intentional misrepresentation was material to the transaction. The buyer would not have paid you if the true contents of the baggie were known to him. Of course, it is highly unlikely that a victim who was trying to illegally purchase drugs would report being ripped off by a dealer who sold him aspirin instead of OxyContin. But, selling to an undercover officer or a police informant could lead to your arrest for fraud. [B]Fake Illegal Drugs[/B] Most states make it a crime to attempt to sell a substance on the premise that it is an illegal drug, even if the substance itself is not illegal. This is also a criminal fraud. [B]Man Convicted Of Criminal Fraud For Attempt To Sell Fake LSD[/B] After following undercover agents to a hotel parking lot, a Missoula, Montana, man attempted to sell them a sheet of paper that he claimed was “blotter acid.” Even though the paper tested negative for LSD, the man was charged with criminal fraud and faced a five-year prison sentence and a fine of $50,000. In another Montana case, a man was busted for offering to sell what he said was the drug Ecstasy but was actually flour. After he tweeted that he Ecstasy to sell, police officers obtained a warrant and found the flour, paraphernalia, and the phone he tweeted on in his apartment. [/QUOTE]

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