Any charge for FAKE illicit drugs?

Question

I don't know why anyone in their right mind would do this, but what if you have crystallized sugar in a bag to look like crack or dried up moss to look like weed and intentionally let the cops see it and they arrest you. When they find out it's fake and you were s******g around with them (assuming you did nothing illegal and never said it was drugs) can they press charges?

Answer 1

Its a felony, attempting to sell imitation substance.

Answer 2

Some places actually do have specific laws against *selling* fake drugs. Even in the ones that don't, they could charge a fake drug dealer with fraud. Otherwise, I doubt they can press charges if you're merely possessing something that resembles a drug, though you may end up taking a trip to the station and staying there for a while until they determine its real composition.

Answer 3

In my state, possession imitation controlled substance-misdemeanor, possession with intent to sell imitation controlled substance-gross misdemeanor. Intent to sell can be as simple as more than one baggie, you don't have to be trying to sell it.

Answer 4

Yea, playing with the cops is always a good idea. If you have or they can show that you have intent to sell your little sugar clumps, in California, this is a felony. You may get someone that is really suspect of your little game and get lodged in jail until a presumptive test can be done. The really funny thing about this is you will then have an arrest record. Even if you are released. At very least you can count on getting some special attention every time the officers see you.

Answer 5

Depends upon jurisdiction...if I could articulate why I thought you set this whole deal up to waste my time...then yes I would charge you...Obstruction of Justice etc

Answer 6

No they can't press charges, but you better be sure you didn't do or say anything to indicate it was drugs (selling fake dope as dope is still illegal).  Also, if there is any drug related paraphernalia around, that might be illegal too.  It would be stupid to push it because if the officer believes it to be drugs, it might warrant enough for an arrest before it is tested at the lab depending on the circumstances.