This may seem like a weird scenario, but I’ve been busted for selling fake marijuana and fake cocaine to local college kids. Since I’ve never possessed real drugs, can the cops still press charges for drug dealing?
Can I go to jail for selling fake drugs?
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Answer:
Surprisingly, you can be arrested and charged for selling drugs even though you do not have “real” drugs. There are categories of drug fraud charges where the police can show that not only you were attempting to distribute illegal substances, but also pursue fraud charges against you for selling something that wasn’t what it was. Because the person you are selling to does not know you are selling fake marijuana or cocaine, the transaction is viewed by police as a drug deal. Even buying fake marijuana or cocaine can be charged as attempt to purchase or solicit drugs. The only charge that cannot be sustained is a possession charge, as you are not in possession of the substance.
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Posted by Bert Gonzalez on 03 Jun 2010