what kinds of charges would u recieve if u were busted with fake gear??! and does it matter if u knew it's fake or not?!!
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what kinds of charges would u recieve if u were busted with fake gear??! and does it matter if u knew it's fake or not?!!
Well, if the law says you can't have substance X, Y, or Z in your posession, if you don't have it, then you haven't broken the law. If all you have is sugar water (or whatever) in a bottle labeled X, Y, or Z, you have NOT broken the law.
Sorta like what happened here in Dallas a while ago . . . the cops busted some guys with packages of white powder, had 'em in jail for a while on drug charges, but it turned out that the powder was ground up wallboard, so they let 'em go.
Ya, you can be caught with bottles labeled as anything at all, but as long as they are empty (with no residue or anything in 'em), you're legal.
-Tock
hmmmm...interesting question..never thought about it
If you are attempting to traffic an illegal drug and are caught with a fake substance, depending on the local laws, you can still be charged!
did that happend to you or are you just asking what if it did
NOT TRUE...Quote:
Originally Posted by Tock
Don't count on this or you'll be sorry if you do actually get caught.
Why do you think people get prosecuted, quite severely i might add, for trying to move fake HgH...
if you are dealing fake controlled substances as real you will be charged as if they were real. thats in florida we all know each state is different.
Wow, I stand corrected . . . things must have changed a bit since my days as a MP. If we caught someone trying to smoke or hide or sell bags of oregano, we didn't have an offense, just an idiot. We knew what they were trying to do, but without actual contraband, there wasn't a breach of the law. That's what they told me, anyway.Quote:
Originally Posted by nsa
Here's the Florida law:
http://www.flsenate.gov/statutes/ind...817/Sec564.HTM
The 2004 Florida Statutes
Title XLVI
CRIMES Chapter 817
FRAUDULENT PRACTICES View Entire Chapter
817.564 Imitation controlled substances defined; possession and distribution prohibited.--
(1) For the purposes of this section, the term "imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance enumerated in chapter 893, which is subject to abuse, and which:
(a) By overall dosage unit appearance, including color, shape, size, markings, and packaging, or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or
(b) By express or implied representations, purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug Administration.
(2) In those instances where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, the court or authority concerned may consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an imitation controlled substance:
(a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect.
(b) Statements made to the recipient that the substance may be resold for inordinate profit.
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances.
(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities.
(e) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud.
(f) The proximity of the substances to controlled substances.
(3) It is unlawful for any person to manufacture, distribute, sell, give, or possess with the intent to manufacture, distribute, sell, or give an imitation controlled substance. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It is unlawful for any person 18 years of age or over to knowingly sell or distribute an imitation controlled substance to a person under the age of 18 years. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication or to post or distribute in any public place any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Civil or criminal liability may not be imposed by virtue of this section against:
(a) Any person operating in accordance with the Florida Comprehensive Drug Abuse Prevention and Control Act who manufactures, dispenses, sells, gives, or distributes an imitation controlled substance for use as a placebo by a licensed practitioner in the course of professional practice or research; or
(b) A law enforcement officer acting in the officer's official capacity during the course of an active criminal investigation relating to controlled substances which is approved or authorized by the officer's agency or to an informer or third party acting under the direction or control of such an officer as part of an authorized, active criminal investigation relating to controlled substances.
History.--s. 1, ch. 85-319; s. 197, ch. 91-224; s. 1, ch. 2001-95.
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This is unbeleivable . . . a candy company that sells "candy pills" like these:
http://www.annshallmark.com/crazycures1.php
transgress sections 3, 4, and 5 of this law, as do doctors who traffic in placebos.
Worse, it needlessly transforms a situation that should be prosecuted as nothing more than "fraud" into something with a more severe penalty . . .
And it looks like the laws here in Texas will get ya for trafficking in misbranded pharmaceuticals . . .
Lordy lordy lordy . . . Time to vote for liberals and libertarians who will liberalize drug laws . . . unless, of course, you like things as they are . . .
-Tock
youd still get in trouble, i know that its the same penalty for selling real coke, and selling something that looks like it, i forgot what they call it.
its like that in all situations, if you belive what you have is real, and your trying to buy it or sell it or use it, youd still get f'ed!
What would happen if you robbed a bank with a fake gun?? Its the same type of thing. Your ass would get busted either way. It's the intent they'd get you on.