Caught Selling Fake Drugs: Will I Face Any Consequences in Fort Lauderdale?

At first glance, selling fake drugs in Fort Lauderdale might seem like the perfect crime. You might assume that you can sell baking powder to unsuspecting users, claiming that it is really cocaine. Or perhaps you’ll gather up some oregano and sell it as marijuana. If you get caught, you may think that the fake nature of these substances prevents any criminal consequences whatsoever. But is this really true? The answer might surprise you.

It Is Illegal to Sell Counterfeit Controlled Substances 

In Florida, it is illegal to sell or manufacture counterfeit controlled substances. Penalties depend on the type of counterfeit substance. In other words, it depends on the type of substance you were trying to imitate.

In some cases, dealers attempt to sell counterfeit versions of legal prescription drugs. In other cases, they attempt to create and sell counterfeit versions of illegal substances. These are two similar crimes, but with different consequences.

Generally speaking, counterfeit versions of less serious drugs lead to less serious penalties. In contrast, a counterfeit Schedule I drug can lead to up to five years in prison.

How Can I Defend Myself? 

The prosecution must prove that you had an intent to sell these drugs. If you never attempted to sell the drugs and simply created them for other reasons, it may be difficult to convict you. For example, you might have created the drugs as props for a student film.

 You May Also Face Consequences for Poisoning People 

In addition to the laws against selling counterfeit controlled substances, Florida also has strict laws against poisoning. If you provide someone with a substance that is “designed to be ingested” and it proves poisonous, you could face a felony of the first degree. Although prosecutors generally need to show that you intended to injure or harm someone to secure a conviction, you could still face charges.

If you knew your fake drugs were harmful and you provided them to people anyway, this could be enough for a poisoning conviction. For example, you might have knowingly given someone pure Borax, claiming that it was cocaine. If they snort the drug, they would likely experience intense pain and injuries – and this may be enough to constitute poisoning.

Find a Qualified, Experienced Drug Trafficking Defense Attorney in Fort Lauderdale 

As unthinkable as it might sound, you might want to enlist the help of a qualified drug trafficking defense attorney in Fort Lauderdale if you have been accused of selling fake drugs. The criminal justice system in Florida takes this crime very seriously, especially if people were harmed after taking your fake drugs. Book a consultation with Haber Blank, LLP today to discuss your citation and get started with an effective defense strategy.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0859/Sections/0859.01.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0831/Sections/0831.31.html#:~:text=(1)%20It%20is%20unlawful%20for,deliver%2C%20a%20counterfeit%20controlled%20substance