What's this crime called: Selling fake drugs?
I was reading an old court case called People v. Anderson, where a man was arrested in a high crime area with an xacto knife, a bar of soap and little ziplock bags. While they couldn’t prove it, everybody kind of knew what he was up to: Cutting bits of soap and putting them in bags, and selling it as crack cocaine.
What crime would this be called? Or is it a crime? Because they tried to nail him for the knife as a concealed weapon instead and I don’t know if he was charged with anything else.
(They failed to convict for the knife, and this case accidentally became a landmark decision for allowing people to carry knives in the state)
- 1 decade agoFavorite Answer
Not sure if this helps but here is a story that I found regarding the subject...
Monday, February 24, 2003
Drugs may be fake, but charges are real
Dealers fabricate and sell crack
By Anthony Farmer
That bag containing white rocks being sold on a dark street corner, in the front seat of a car or in an old, run-down building looks like crack cocaine.
But sometimes it's pieces of soap, potato or dry wall intended to look like the illegal drug, to rip off a potential buyer.
Regardless of whether it's the real thing or a ''beat bag'' -- as it's known on the streets -- selling it is still a crime. The Public Health Law contains a provision that makes it illegal to ''manufacture, sell or possess with the intent to sell an imitation controlled substance.''
A couple years ago, the Dutchess County Drug Task Force had information on a local dealer who was headed to New York City to purchase 4 ounces of cocaine to bring back and sell. But when members of the task force busted the suspect, they soon discovered the cocaine was not what it appeared to be.
''He was surprised to find out he got beat,'' Frank Tasciotti, assistant coordinator of the task force, said of the suspect. ''We were a little bit shocked, too.''
Though the suspect lost thousands of dollars on the bad deal, he was able to find a silver lining. Instead of facing a sentence of 15 years to life if the substance had been cocaine, his crime ended up being a misdemeanor that carries a sentence of a year at most in the county jail.
''They'd only be real happy that they've gotten ripped off after everything's all said and done,'' Tasciotti said.
The most common situation where someone is selling fake drugs is an addict selling the phony dope to get some money for a quick fix, said Sgt. Brett Orlich, supervisor of the City of Poughkeepsie Police Department's Neighborhood Recovery Unit.
And, unbelievably, law enforcement does receive complaints from those who got beat by the dealer, though it is rare, he said.
''They'll bring the police into it, telling the police that so and so ripped them off of $20,'' Orlich said. ''We just send them on their way. It's a learning experience.''
Ulster County District Attorney Donald Williams said cases of fake drugs being sold are most common in the crack trade.
''What we routinely see are individuals that are claiming to sell crack cocaine and it ends up many times it may be mothball flakes or something of that nature,'' Williams said. ''It's relatively easy to find or make a substance that has the same outward manifestations of crack.''
While such crimes are prosecuted, law enforcement tries to dedicate more time and effort to going after people dealing the real thing, Williams said. The system is already overloaded with cases involving actual narcotics, he said.
''They are not prosecuted as aggressively, nor do we believe that act is as significant as an individual who sells a controlled substance,'' Williams said. ''We have to prioritize and select those cases that will afford us the most efficient and effective deterrent value. The individuals that are possessing or selling real drugs fit that description much more readily.''
- 5 years ago
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What's this crime called: Selling fake drugs?
I was reading an old court case called People v. Anderson, where a man was arrested in a high crime area with an xacto knife, a bar of soap and little ziplock bags. While they couldn’t prove it, everybody kind of knew what he was up to: Cutting bits of soap and putting them in bags, and selling...Source(s): crime called selling fake drugs: https://biturl.im/2uneH
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- 7 years ago
If you do something such as put baking soda in a bag and pass it off as cocaine, there is another concern besides the legal aspect: you will be dealing with some really angry customers! Imagine some cokehead with a leadpipe in hand, ready to bash in the skull of the guy who sold him bags of fake drugs.
- 1 decade ago
Not sure on the exact case but if an individual sells a substance with the pretense that the substance is a drug then that itself may be considered a crime.
- Anonymous6 years ago
It is under Imitation Drug Charges which is imitation controlled dangerous substance ( •Obtaining CDS by fraud, deceit, misrepresentation, concealment of a material fact, or by altering a prescription.) is and could be a Class C misdemeanor. ... Depending what State your in... Class C felonies are punishable by one to 10 years in prison and a fine up to $15,000
Possession of imitation CDS is a Class C misdemeanor. Class C misdemeanors are punishable by no more than three months in jail.
The court may also impose a fine for misdemeanor convictions. Class A misdemeanors can result in fines of up to $6,000. Fines for Class C misdemeanors can be no more than $500
- STEVEN FLv 71 decade ago
The actual term varies by jurisdiction. Something along the lines of 'counterfeit controlled substance' is common.
- Anonymous1 decade ago
In many jurisdictions selling anything and passing it as an illegal drug carries the same penalty as selling the drug itself.
- trooper3316Lv 71 decade ago
In Wisconsin, it is called delivery of a counterfeit substance. If you intentionally represent it as a controlled substance, you are subject to the same penalty as if it was real.Source(s): 17 years law enforcement