Law-Forums.org

[gervaso81]

By fake I mean,if I tell someone I'm selling them pot but give them some seasonal herbs & spices instead am I breaking the law?Would I be prosecuted for doing so?By the way I live in California,the reason I say this is because I know every state has different laws & regulations.

[joachim]

im sure it is, but if you tell them its spices then its not,

its like planned murder you tried but didnt do it but its still illegal, this is just on a smaller basis

[elkan80]

Regardless of the item being sold, yes, clearly misleading someone into believing you're selling them one thing when you're actually selling them another is generally illegal / fraud. The only time you sort of can get away with it is in entertainment -- like if you're a magician, or you make a movie (but then everyone knows the stuff isn't real, right?).

As far as your pot scenario, if you're a medicinal marijuana shop who's legally selling stuff but you misrepresent what they're getting, yes, it's illegal.

If you're selling outside of a legal outlet, you'd have bigger issues for representing you're selling drugs, period, regardless of what's in the bag. And it's when people do what you're talking about that the buyer can't usually go to the authorities, since the item was illegal in the first place. And that's why drug deals so often end up having violence, etc. -- someone gets ripped off like this or something and have to then be their own "enforcement."

Sooooo.... you're going to run into trouble one way or another. And fraud is generally fraud regardless of local regulations -- and people do not respond well to it.

[jerard]

If you were a shop keeper with bottled water that you sold as vodka you would be in deep poop.
If you sell someone herbs claiming it was pot you won't be very popular but I can't see anyone going to the police about it.In the seriously unlikely event of you being aproached by the law on this,you can just say you were teaching this person the error taking illegal drugs,but that's never gonna happen.

[hurst]

Yes, it's very illegal.

First it would be fraud. Your claiming it's one thing and it's really something else. Second, most states have specific laws about claiming it's illegal drugs.

The people you sell it too can go to the police. They also might try for revenge.

[delron]

Absolutely illegal. Exactly what a relative of mine went to prison for, back in the 50s. And tried to appeal the conviction because it was not really a drug. That was prison, not jail. And Calif. (actually read the appeal for research...and exactly why the law says it is the same crime),

[oakley]

Fake pot?

Well, in my opinion it's immoral and unethical, rather than illegal.

[benon]

bahahahahahhahaahh my friend tried doing this once, but realised that he didn't want to screw over someone like that. I wouldn't they might come back for you and you might end up dead.

[byron92]

Yes it is, you can go to jail for it

[regenweald]

yes, but if they reported it, they would get in trouble too, for trying to buy drugs in the first place.