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

L

luckyrollz26

Bluelighter
Joined
Dec 27, 2002
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74
Location
tx
ok this is a bit different than my "getting caught" question
say i got caught with like 10 tabs of "e" but when tested they actually contained no mdma or mdma like substances. lets say it was just like caffeine or some other nonillegal substance they sometimes put. like tylenol or something. will i still get a posession charge if there was actually no mdxx in it. if they were like dud pills or something.

plur
 
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i can't answer this, but it wouldn't surprise me if they just count every pill as 150mg MDMA and charge you for posession of 1.5 g of MDMA ;)

If it's not really E.. I bet your lawyer could sort you though. depending on the ingredients in the pills of course.
 
if you are selling these placebo's you will be charged with trafficking of controlled substances. If you are caught with them in your possesion I doubt they can do anything.
 
Re: got a ?

luckyrollz26 said:
ok this is a bit different than my "getting caught" question
say i got caught with like 10 tabs of "e" but when tested they actually contained no mdma or mdma like substances. lets say it was just like caffeine or some other nonillegal substance they sometimes put. like tylenol or something. will i still get a posession charge if there was actually no mdxx in it. if they were like dud pills or something.

plur
Click to expand...

if you just have some random pills on you that don't contain anything controlled/illegal, nobody will give a shit.
 
maybe if the testing all went fine in youre favor and there was no e or other illict drugs within the pills then youre fine.
wrong because they still have the ability to pop you with conspiracy. or is that only a crime if you plan to murder?
idunno this is a damn good one, i like what redman said about the cops weighing youre shit and then putting it in the freezer even if its made up its still funny as hell
 
I'll kick this over to Legal Q&A. Also next time, please post a decent title. "Got a ?" doesn't give anyone an idea what its about.

From what I remember, in the UK if you are selling aspirin as MDMA or bits of paper as LSD blotters than you'll get charged for dealing what you CLAIMED it was, even if its just crap.

Think of all the dodgy bullshit coke dealers that sell powdered vitamins rather than coke. I'm pretty sure the law doesn't like them taking peoples money for nothing either.
 
The details of these laws vary from place to place, so I'd need to know where you are to research it and answer your question.

Also, you have to differentiate between possession and distribution.

I think in most states in the U.S., it is illegal to distribute such substances if you represent them as a scheduled substance.
 
im in texas and say they werent for intent to sale or distribute they were just for my personal use. i can see y tha ppl getting in serious trouble if im like selling an 8 ball of coke when its baking soda or something cuz im making some cash not a mere 20 bucks. im not saying any randome pills, but pills i actually bought as e but ended up without me knowing yet, not having taking them that they were duds, caffeine shit. i dont think they should charge me with posession of e or mdma.
 
There are no written laws in Texas against mere possession of a counterfeit/simulated controlled substance.

Hypothetically, it is possible that you could get charged with attempted possession of a controlled substance, if there was evidence to show that you bought something you thought was a controlled substance.

However, it is unlikely to happen. A brief search of the case law does not contain any such examples. Also, you might be able to put on a defense of factual impossibility, if so charged.

There are plenty of examples of prosecutions for delivery (distribution) of counterfeit/simulated controlled substances, however. And you can be guilty of possession with the intent to deliver a counterfeit/controlled substance, if there is any evidence of such an intent.
 
I agree with the above. In Australia the law is that even if your selling M&Ms as Ecstasy you are then deemed with the intent to supply and profit from drug sales and will be arrested for doing so.

shal :)
 
Sell a tic-tac as MDMA = busted for distribution of illegal drugs.

Buy/possess a tic-tac you belive to be MDMA = get hauled down the station for all the other cops to laugh at, get told you should just confess it is MDMA and then they'll let you go, wait for the test results, get let go.
 
i got arrested for possesion of H, i guess they tested it and it came up fake and the charges got dropped. This was in chicago btw.
 
i've seen people get busted for selling fake tabs and also fake crack. im not sure if they was charged with selling. but they sure did spend a few nights in jail and was beat down as soon as they was let out for dealing fake substances.
 
If im not mistaken, a while ago in Australia a man was given just a $50 fine for attempting to sell an undercover police officer heroin (which was actually gyprock)...that seems to go against what has been said, but i remember it was in the paper (not that that makes it true!).
 
in OZ, they'd will hit u up fo "intent 2 sell a controled substance", but im not sure about the penalties. but wat u'd have 2 watch out for is cash... any unexplainable cash u have will be confiscated for "unlawful posession of goods in custidy"...

it happens...
 
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