Selling Fake Drugs is a Crime in Illinois

 Posted on February 18,2016 in Criminal Defense

Surprising as it may seem, if you are busted for selling fake drugs, you can be charged with a felony. While the substance that you are peddling may not in fact be the illegal substance you are advertising it to be, if it looks like the drug you allege it to be, and you are trying to sell it as the real stuff, that is a crime. Illinois law enforcement is just as serious about look-alike drugs as they are about real drugs. Police will arrest you, and you will be charged, just like you would if you had committed a crime with real drugs.

What is a Look-Alike Drug?

Just as the name implies, a look-alike drug is a substance that looks like the real thing. The alleged drug could be marijuana, crack, heroin, pills, etc. that is designed to look legitimate. The substance could have the correct coloring, appearance, smell, consistency, size, branding, packaging, and flavor as the real stuff and yet be counterfeit. If the fake drug could deceive a reasonable person into thinking the fake is the real drug, it is a look-alike drug.

How Do People Get Caught Selling Look-Alikes?

Under 720 ILCS 570/404, it is illegal to manufacture, distribute, advertise, or possess look-alike drugs or controlled substances in Illinois. Most often when criminal defendants get caught with fake drugs it is because the defendant is trying to sell them. The defendant might be advertising thatwhathe or she is selling are legitimate, real drugs. The defendant might even offer “samples” of real drugs, only to swap out fake drugs after a sale has been made. Defendants often get caught selling fake drugs to undercover law enforcement officers, or are reported to police by anonymous tips left by jilted customers.

Potential Defenses

When facing drug charges, it is important to evaluate every possible defense available to the criminal defendant. While it may not be much of a consolation, the defendant must have knowledge that the drug is fake in order to be convicted on look-alike charges.

Another potential defense lies in how the look-alike drugs were found. If the look-alikes were found as part of a search, was the search properly conducted by law enforcement? Was there reasonable suspicion? Was there probable cause? Was a warrant necessary? Did the police have the warrant they needed to conduct a legal search? Your criminal defense lawyer should consider every possible angle of your criminal defense.

Let Us Assist You With Your Case

Selling imitation drugs can get you into just as much trouble as selling the real stuff. If you are facing criminal charges for selling real or fake drugs, please contact a skilled Rolling Meadows drug crimes attorneyimmediately. The attorneys at our office are happy to help you.

Source:

http://ilga.gov/legislation/ilcs/documents/072005700K404.htm