If you think drug trafficking and drug selling are already hefty, there are people who are actually marketing drugs that are fake. This practice is exceptionally dangerous, first to the people who will use the fake drugs as there can be health risks, and second, because it can burden offenders with penalties of almost five years in prison. Selling fake drugs is just as unlawful as selling real ones.
While there are no laws surrounding imitation drugs in Nevada because they are usually made from permissible materials, there are a lot of laws for manufacturing, transporting, and selling them. In this article, we will be basing on the Nevada Revised Statutes (NRS) to know the definition of fake illegal drugs (e.g., fake coke, fake meth, etc.) and what can happen if you try to sell them.
What is Nevada Revised Statutes’ Definition of Counterfeit Substances
According to NRS 453.046, imitation drugs or counterfeit substances are controlled substances that are labeled differently in hopes of passing them off as another particular drug. This can be through copying the appearance of the legitimate drug or presenting it as one.
Even though you have sold someone a drug made of non-toxic substances such as flour or sugar, you are still committing a crime as it is your intent to defraud a person and to actually engage in drug use.
Possession alone of imitation drugs is also illegal in Nevada. NRS 453.332 states that you cannot carry an imitation controlled substance with the intent to use it and actually has graver consequences than selling has.
What counts as imitation drug crimes in Nevada?
Before your prosecution, however, the court takes many considerations on deciding whether or not you have violated the imitation drug laws. According to NRS 453.332, which is about selling fake drugs laws in Nevada, it is unlawful for any person to manufacture, sell, and possess an imitation controlled substance. The court looks into the statement of the defendant about the actual nature of the substance, the power of the recipient to resell at a higher price than what is expected of the substance, and of course the packaging of the substance as essential factors to the final sentence.
Advertising drugs that you have full knowledge of being fake even though not directly selling is also a violation. For example, you recommend a friend to buy cocaine to a seller, knowing that the buyer will only get fake coke.
Exempted from these measures are professionals who use imitation drugs as a placebo for their work or research. One example is doctors prescribing fake drugs to help patients slowly lose their dependence on drugs and then eventually recover.
What are the penalties for selling fake drugs?
Still, according to NRS 453.332, a person who sells imitation drugs is guilty of a misdemeanor. The penalties to face actually vary depending on the magnitude of the violation. For offenders, misdemeanor charges have penalties of at least six months in jail and fines of $1,000.
If you are an 18-year-old or more who sold illegal drugs to those under the legal age then you can be charged with category C felony and it usually includes prison time of up to five years, fines of $5,000 and possible reinstitution for the rehabilitation of the victim. This is based on felony penalties found in NRS 193.130.
Possessing imitation drugs with the intent to use them also holds serious sentences. If you are caught for the first and second time, the penalties you will encounter are already jarring such as:
- Prison time of not more than a year
- Fines of $2,000
Category C felony is what is waiting for you if you are found guilty of possessing imitation drugs for the third time. This has penalties still identified from NRS 193.130 such as:
- One to five years in prison
- Fines of not more than $5,000
What are the defenses that you can use?
Along with your drug defense lawyer, you can contest the different areas of your case such as the arrest, the pieces of evidence, and the claims of parties involved to help strengthen your claim of innocence and absence of interest in how to make fake drugs to sell. Similar to real drug selling and controlled substances possession, you can use defenses like:
- The substance was not meant to be an illegal drug but police made it seem so
- You were unlawfully seized and searched
- The imitation drugs do not belong to you
- You were set up and the drugs were planted
Selling drugs will not do you any good in Nevada. What more of selling fake ones? Fake drugs are widespread in Nevada than what you would expect. Attending raving parties in Las Vegas such as Electronic Daisy Carnival (EDC) can lead you to pocket fake drugs and when caught by the police, you can be arrested for imitation drug crimes in Nevada.
If you are under the duress of unlawful accusation of selling fake drugs or even the genuine ones, you certainly need the help of a drug defense lawyer to better formulate your arguments in court! You can also read the NRS section about fake drugs here or do research on how sellers make fake drugs to sell to help you avoid them better!