January 24, 2018
Synthetic drugs make the news more and more. You’ve heard K-2 related deaths are on the rise and bath salts have nothing to do with baths and everything to do with making people go insane. This time, however, we’re going to talk about FAKE drugs. Not synthetic, not chemically-enhanced, but drugs that are truly fake and the trouble that Texans are getting into for trying to market them.
In the last month, two jail guards working at the Central Texas Detention Facility were indicted with charges on providing contraband to inmates. This sounds like a typical drug deal, right? Wrong. The methamphetamine that the jail guards actually brought to the undercover FBI agent was a sham: fake drugs in return for real money.
This may get some thinking, “since they weren’t real drugs, how could the guards be charged and punished?”
Whether or not the drugs you intend to sell are Oxycodone or good old-fashioned aspirin, you can face criminal charges just the same. The devil is always in the details, and in this case the buzz words boil down to, “obtain, attempt and intention.” The buyer or seller can face drug sale charges if the buyer obtained the “drug” or the seller attempted to sell the “drug.” The thing that makes this situation special, is the fact that you could also be charged with the F-word: fraud.
Of course you’ve heard of people forging prescriptions or selling their personal medications, which would be a fraudulent action, but it can apply to fake illegal drugs as well. Here’s where that shiny word “intention” comes back up. When the seller intends to deceive the buyer by conspiring to or physically selling a substance that is not as it seems, this constitutes as fraud. Secondly, this applies to the situation if the buyer would have not made the purchase had they known the contents of the bag were of aspirin and not Oxycodone.
These fraud charges typically stem from drug sellers attempting to sell to undercover cops and FBI agents, since buyers of drugs usually do not make complaints to law enforcement when they’ve been sold a fake drug.
If you are charged with criminal fraud for a situation that involves buying or selling fake drugs, the defense is not as easy as simply saying, “well I sold flour or aspirin, which isn’t an illegal substance.” You need an experienced and knowledgeable attorney by your side.
For a free, confidential consultation contact the Law Offices of Daniel & Hudson at 210-222-2297. We are available 24 hours a day, 7 days a week.