288) Is it illegal to sell Fake Drugs in FL? #HaberPA Michael A Haber Criminal Defense Lawyer
Channel: Michael Haber
Date: 13/10/2018

Is it illegal to sell Fake Drugs in FL?

Believe it or not, in FL it IS a crime to sell fake drugs.  It’s not a crime to offer to sell fake drugs, but if you actually transfer or deliver an item purporting to be a controlled substance to another person in exchange for money or something else of value, then you’ve violated FS 817.563.

So how could this even happen?  

Well, believe it or not, not all drug dealers are scrupulous.

Sometimes someone will try to scam a buyer by providing something valueless, like sugar instead of cocaine or parsley instead of pot.  

Now the buyer would either have to be a complete moron to call the cops and report that he had just purchased fake drugs from a dishonest drug dealer, (making the buyer even dumber than the seller who’s trying to scam him by selling fake drugs); or the buyer would have to be an undercover cop , a CI or other agent of the State for FS 817.563 to come into play.  But if it did, and if you got arrested, then the State would have to prove the following 2 things BARD:  

(1) That you had no legal authority to agree, consent, or to offer to sell a controlled substance; and (2) That you sold something in place of the controlled substance.

If the State can prove those 2 things then you’ve committed a 3rd degree felony, punishable by up to 5 years in state prison.

Thank you for your question.  I appreciate your having asked it.  Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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