Can you be charged if it turns out your drugs are fake?

Offering to sell an illegal drug is against the law in Australia. It doesn't matter if you intend to actually complete the sale, you are actually in a position to do so, or if what is sold or supplied is not an illegal drug. All that's required is that you offered the drugs and you meant the offer to be taken seriously. In NSW, if you offer something for sale claiming it is an illegal drug, it will be treated as if it was that illegal drug. In WA if it can be shown that you thought you had an illegal a drug, and you didn't really, you can still be convicted of a crime.

Then law states a specific amount of each drug over which you are assumed to have intent to supply. Over this and you have to prove it was for your own use. In any case the prosecutor could lead other evidence to suggest you had intent to supply - eg if you had everything in individual bags or if you had scales.
 
i believe it's called "attempted distribution of a lookalike substance" .. i read a report of one in our local paper a few weeks back
 
theres a diffrence between "ecstasy" and MDMA, from what i know, you can be charged with possesion of ecstasy.

though I may be wrong.
 
The law is against MDMA but when your in court the judge probably will say ecstacy, and on the papers it will probably say possession of ecstacy. The police report would probably say that too, but im not sure. However in the case of acid I think they would say LSD, not acid. I'm pretty sure of that. Maybe the police report MIGHT say acid, but I doubt that.

If you have fake pills on you nothing can happen, but if you say to the cop "these are ecstacy pills" or "it's MDMA" or any kind of slang refering to MDMA, you will get charged accordingly I believe. Even if they prove fake they can try to pin a distribution charge on you regardless if you are. It's all up to the court to decide if you are. Especially large quantity stuff, they always pin that on you. They don't believe a drug user is smart enough to buy a 1/2 oz just to save money in the long run.

Of course you already know the cop isn't yoru friend. The cop is a paid, professional hustler, better then any drug dealer out there. It's their LIFE, their SALARY, to do so. They play you like you play your guitar.
 
CreativeRandom said:
Of course you already know the cop isn't yoru friend. The cop is a paid, professional hustler, better then any drug dealer out there. It's their LIFE, their SALARY, to do so. They play you like you play your guitar.
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So true
 
As earlier pointed out, laws vary widely from locale to locale, but I know that in Georgia you can be charged with selling a controlled substance even if that substance turns out not to be controlled after all. For example, I know a kid who was busted in Atlanta for selling Dragon's Blood Incense as opium. This topic raises questions of fairness in our legal system, but no one really ever said the law was fair. "As one judge said to another, 'Be just, and if you can't be just, be arbitrary.'"
 
I feel that the laws for selling fake drugs is very fair. In fact they should be dealt with harsher than the real deal. It could be as little as ripping people off, to selling other substances as another such as; DXM as MDMA. Those are the real crimes.
 
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