Selling Fake Drugs

Selling illegal drugs or selling legal drugs without the proper authority to do so is illegal. But what if you sell something that is not really a drug or that is not the drug you claimed it to be?

Can selling fake drugs get you into legal trouble?

Yes. It’s a plain and simple answer. Selling fake drugs is illegal. If you make the mistake of selling something you claim is a drug to an undercover officer or it is determined in any other way that you sold fake drugs, you can get into legal trouble. The fact that you were not selling an illegal substance won’t be enough to get you out of trouble.

You Can Be Charged with Fraud for Selling Fake Drugs

Just because you aren’t selling an illegal drug doesn’t mean you aren’t guilty of a crime. Selling fake drugs is fraud. Taking money based on false pretenses is fraud and is a crime. A successful fraud conviction requires prosecutors to show you intentionally and materially made false statements that were material to a transaction. You wouldn’t have received money for the item unless you lied about what it was.

Of course, if you sell fake illegal drugs to a random person or someone tries to buy a legal pharmaceutical from you for illegal use, they’re unlikely to report you. After all, they intended to commit a crime.

But if you sell fake drugs to an undercover law enforcement officer or informant could result in an arrest based on suspicion of fraud. In some cases, the act of trying to sell an illegal substance is also a crime. You could be looking at multiple criminal charges. The mere act of claiming you are selling something illegal, even if you are not, is a crime.

What about Legal Drugs?

The sale of legal prescription drugs is illegal when the person buying the drug does not have a prescription. The seller is also responsible if the buyer has no prescription. And if you claim a product is a legal prescription drug and it is not, you are committing a federal crime. The federal government regulates prescription drugs. Federal law prohibits the sale of counterfeit drugs, but the sale must involve interstate commerce. However, there are also state laws against the sale of counterfeit drugs, so you could still have a problem on your hands even if you did not travel out of state for the sale.

Furthermore, if you’ve conducted transactions online involving counterfeit drugs, you could face multiple serious charges for fraud and other crimes. All online drug sales are interstate commerce. This makes it a federal crime to sell counterfeit drugs.

For a more in-depth look at laws related to drugs and internet commerce, check out this information on the regulation of online pharmacies from Columbia University.

To learn more about drug sales in general, check out this information on pharmaceutical laws from HG Legal Resources.

What are My Defense Options If I’m Charged with Selling Fake Drugs?

You might have several options for defending against a fake drug sales charge. You and your attorney should discuss these options and determine how to proceed based on your situation.

Some of your options might include:

• If you had no intention of misleading anyone so there is no fraud. This doesn’t mean you’ll avoid penalties altogether, but the outcome might not be as severe because the prosecution will not be able to prove fraud. Fraud requires intent.
• If you did not know the substance in your possession wasn’t a drug, you can claim a lack of knowledge. This would be the case if someone sold you a product claiming it was a particular drug and you sold it based on this information and did not know you were a victim of fraud. Again, you could still face a penalty, but the fraud charges could be dropped under these circumstances.

Contact a Drugs Crimes Attorney

If you have been accused of selling fake drugs or you are facing drug charges of any kind, you need an attorney. Selling drugs, real or counterfeit, is a serious offense and you could face serious penalties including fines and prison time. You need a drug crimes legal expert to help you build your defense.

For more information or to speak to someone about your situation, contact David Lindsey.

Explain more simply:

The law imposes weaker punishments on people who only have a small amount of a drug because it is assumed the drug is for personal use.

Having a small amount of an illegal drug is a crime of possession. Larger amounts of the same drug can indicate intent to sell or traffic the drug. It’s important to note: even if you are not actively selling or trafficking the drug, it is still possible for you to be charged with trafficking.

You might have intended to use every last drop of what was found. It won’t matter. It’s not what you actually intended to do, but what the amount of the drug you had implied you might do.

What Constitutes Trafficking?

Most people think of drug traffickers as those who are involved in the transport of significant amounts of a drug. For instance, you might see a picture on the news of large bags of cocaine associated with a trafficking bust.

However, these massive amounts of a drug are not necessarily needed for there to be a trafficking charge. This is especially true when it comes to prescription medications. A person only need be arrested with a few pills without a prescription to face trafficking charges. The difference between a possession and a trafficking charge when it comes to prescription pills is slight.

Consider how many people carry around old, unused bottles of pills because they’ve forgotten about their medication… It’s possible you could be charged with trafficking only because you forgot a pill bottle in your handbag or backpack!

When it comes to illicit drugs – ones for which there is no prescription use – the amount of the drug needed to face a trafficking charge is more significant than with prescription meds, but it’s still not as much as you might think. You can be charged with trafficking with less than 30 grams of cocaine and it only takes 14 grams of meth for there to be a trafficking charge.

This is far less than the rooms full of drugs and weapons we usually see after a bust. Just because you don’t have pounds and pounds of a drug doesn’t mean you won’t be accused of trafficking.

For more information about potential penalties for specific drug crimes, check out this information from the Colorado Judicial Department.

Other Differences between Trafficking and Possession

In addition to the amount of drug in question, there are a few other factors that can play a role in the penalties a person faces when found with drugs illegally.

For instance, trafficking charges can vary in degree based on the substance, where the suspect was arrested, whether or not he or she was in possession of drug paraphernalia in addition to the drug, and whether or not he or she has a criminal history. So, the amount of drug can change the charge from possession to trafficking, but the severity of the punishment can be further reduced or enhanced based on an individual’s specific circumstances.

It’s also important to note that to be charged with possession, you don’t need to have the drug actually on your body. Legally, possession doesn’t mean it’s in your hands or in your pock. If a drug is found in your vehicle or handbag or your home, you can be charged with a crime. Of course, there might be issues with the legality of the search that found the drug that could be called into question by your defense attorney, but that doesn’t affect the initial arrest and charge.

If you have additional questions about the difference between possession and trafficking or you need to speak to someone about drug charges you are facing in state or federal courts, contact criminal defense lawyer David Lindsey to schedule a free consultation.