Many people assume selling fake drugs won’t get them into any trouble. Even if you’re selling a completely harmless substance, you can still find yourself in serious trouble if the authorities catch you. You can face criminal charges as if you were selling the real thing. Here is what can happen if you’re caught selling fake drugs.
What Is a Fake Drug?
In Minnesota, fake drugs fall under the category of simulated controlled substances. Just like with illegal drugs, the making, selling, or moving of fake drugs is a crime.
To go further, the state laws governing fake drugs give information on what exactly constitutes a simulated controlled substance. Here’s how the state identifies fake drugs:
- Directly saying the fake drug is a real drug
- Attempting to sell a fake drug that looks like a real drug
- Committing actions to make someone reasonably assume you’re selling the real drug
These definitions aren’t just for selling the fake drugs; they also apply to having the fake drugs in your possession.
What Charges Come with Fake Drugs?
Each state has its own laws regarding fake drugs. This can become extremely important if you’re found with fake drugs out of state or while traveling.
Attempting to trick people by giving them something other than they expect constitutes fraud. This charge has nothing to do with drugs, and everything to do with misleading people in general. You don’t even have to make a sale to face a fraud charge. The intent or attempt to is typically enough for criminal fraud.
Possession charges can occur in a few different ways. Just having the fake drugs with intent to sell them can result in a possession charge. However, if the fake drug you have is a real drug itself, then you can face possession and related charges for that as well.
For example, if you sell a prescription drug as something other than what it is, you can face criminal possession and related charges because of the prescription drug itself. Those charges come in addition to the charges related to selling a fake drug.
Attempt can mean several things. Generally, if you do anything towards the possibility of selling a fake drug, then you can face a criminal attempt charge. In Minnesota, attempt charges for fake drugs can come with the same penalties as those for controlled substances.
An attempt to sell a baking soda and flour concoction as cocaine leads to an attempt to sell cocaine charge, even though the substance wasn’t really cocaine. The buyer or prospective buyer would believe the substance was cocaine, and so, you receive a cocaine charge.
Various other charges often come from the possession of fake drugs. You can receive charges for how much of the fake drug in your possession, as well as for any equipment you used to process the fake drug. All charges for fake drugs can lead to jail time and other penalties that severely affect your life.
What Can You Do About Fake Drug Charges?
Charges stemming from fake drug possession do have defenses. Nevertheless, defenses are tricky. For example, if you successfully prove you sold a fake drug as a fake drug, you can defeat a criminal fraud charge. However, you may then face other charges related to possession of a fake drug.
Don’t attempt to navigate any of these charges on your own. You need representation who knows how the laws, which govern fake drugs work. At the Mesenbourg & Sarratori Law Offices, P.A., we inform and represent you for any drug charges, fake or otherwise. Contact us immediately.