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  • Drug Charges Question?

    I was watching a COPS show last night that made me think of this question. If someone were selling cocaine, which was really powdered sugar or something, could they still be charged with selling it. Or visa-versa could someone be charged with intent to buy or something even though it was fake?

  • #2
    Yes, absolutely.
    Judge me by the enemies I have made----Unknown

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    • #3
      Yup. Would be the same deal if you were selling corn syrup as corn liquor. Intent.....

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      • #4
        In my state selling an imitation controlled substance is still a crime.

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        • #5
          Yes to both.....
          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

          "Politicians are like diapers. They need to be changed often and for the same reason"

          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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          • #6
            Yes in my state as well. Like the above have mentioned it boils down to intent. If you sell that product claiming it is cocaine even though it is not, there is still a charge just for you. Yes, this does include buying something that you "think" is real.

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            • #7
              When I first entered law enforcement in Oklahoma, there was no law prohibiting the sale of "turkey dope." We sometimes charged the miscreant with "obtaining money under false pretenses" which met with variable success depending upon the DA and the judge. During my tenure, the Oklahoma legislature passed a law which made it a crime to sell anything which the seller represented as an illegal substance. Most states now have similar laws; however, in the absence of such a law, it may be that in some jurisdictions the seller could get away with it.
              "Son, you are a walkin' violation of the laws of nature...But we don't enforce them laws."

              I am just a country boy tryin' to make some sense
              But I'd like to ask the Congress, I'd like to ask the President
              "Can ya tell me where all the money went?"
              We might not be broke but we're badly bent!


              The Tractors -- "Badly Bent" from the album Owner's Manual

              "Common sense. So rare, it should be a super power." Exodus 259

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              • #8
                Originally posted by HeadDoc View Post
                When I first entered law enforcement in Oklahoma, there was no law prohibiting the sale of "turkey dope." We sometimes charged the miscreant with "obtaining money under false pretenses" which met with variable success depending upon the DA and the judge. During my tenure, the Oklahoma legislature passed a law which made it a crime to sell anything which the seller represented as an illegal substance. Most states now have similar laws; however, in the absence of such a law, it may be that in some jurisdictions the seller could get away with it.
                The seller might not get criminally charged in that case, but probably wont 'get away with it'...........I remember at least 4-5 of our local knuckleheads that tried that nonsense and ended up rather dead...........one guy fell on a knife about 30 times........worst case of suicide I have ever seen......
                The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                "Politicians are like diapers. They need to be changed often and for the same reason"

                "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                Comment


                • #9
                  Counterfeit narcotics carrying the same charge. It's the intent...
                  sigpic

                  I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                  • #10
                    In Alabama, the charge would probably be "Theft by deception". As LADEP correctly noted, the seller(s) in these deals often end up seriously dead. What the media refers to as a "drug deal gone terribly wrong". This is an "industry" which does considerable self policing. Guys who attempt to sell fake dope don't have very long life expectancies .

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                    • #11
                      In Texas, the charge is manufacturing/delivering of a simulated controlled substance. It's a state jail felony regardles of the drug being simulated. Thefunny part is you would get a higher charge for trying to sell a small baggie of oregano as marijuana, then you could for actually selling the same weight baggie of marijuana.

                      +1 to the statement that guys who do this tend to have short life expectancies.

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                      • #12
                        No, you cannot still be a cop after selling "turkey dope."
                        MAC

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                        • #13
                          Originally posted by LA DEP View Post
                          The seller might not get criminally charged in that case, but probably wont 'get away with it'...........I remember at least 4-5 of our local knuckleheads that tried that nonsense and ended up rather dead...........one guy fell on a knife about 30 times........worst case of suicide I have ever seen......
                          Okay, granted that some form of "street justice" might ensue, it wouldn't involve the police or the courts.
                          "Son, you are a walkin' violation of the laws of nature...But we don't enforce them laws."

                          I am just a country boy tryin' to make some sense
                          But I'd like to ask the Congress, I'd like to ask the President
                          "Can ya tell me where all the money went?"
                          We might not be broke but we're badly bent!


                          The Tractors -- "Badly Bent" from the album Owner's Manual

                          "Common sense. So rare, it should be a super power." Exodus 259

                          Comment


                          • #14
                            Same as armed robbery with a fake gun...
                            Whitechapel - Hate Creation

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