Maybe you really needed the money and didn’t have the “real thing” or you didn’t want to lose a good customer when your supply was low. Or maybe you thought he was a sucker. So you sold him “bunk” – fake drugs. Fake weed, fake cocaine, fake meth, fake valium or OxyContin. Then you find out that he had the last laugh because he was an undercover cop.
“But it wasn’t real” is not a defense under Ohio statutes. The law prohibits the possession, selling, offering to sell, or making counterfeit controlled substances. It’s actually illegal to even misrepresent that your bunk is the real thing!
What will happen to me?
Simple possession of counterfeit controlled substances is only a misdemeanor, which limits your potential imprisonment to jail. Selling a counterfeit controlled substance, or making it, advertising it, or offering to sell it is a felony carrying potential prison sanctions. Giving or delivering counterfeit drugs to a juvenile is also a felony.
Ohio law proscribes the following punishments for felony counterfeit controlled substances:
a term in state prison
up to 5 years driver’s license suspension, including commercial licenses
possible suspension of any professional license (teachers, pharmacists, lawyers, etc.)
Defenses to possession or sale of counterfeit drugs
There are numerous defenses to counterfeit drug charges. Police entrapment, violation of your right to have an attorney present, violation of the search and seizure laws, lack of knowledge on your part that the counterfeit drug was present or that the substance was a counterfeit drug are all some of the avenues that an experienced drug defense attorney will explore.
With or without a defense, some people want to consider an alternative to risking jail or prison. Ohio law provides for ‘drug courts’ in some places which allow candidates eligible for rehabilitation and drug treatment to participate in a program which, if successfully completed, may result in either a dismissal or reduction of the charges.