Joe Tommy Smith, a Wake Forest resident, was arrested by an undercover police officer after he sold the officer a white powder, which he claimed was cocaine. Although tests carried out on the substance revealed that it was not cocaine, Smith still faces charges ? for violating a state drug law that makes it a felony to sell fake drugs.
Can I be arrested for possession of counterfeit drugs?
Under North Carolina narcotics laws, you can be arrested if you are caught:
Creating counterfeit drugs
Selling or delivering counterfeit drugs
Possessing counterfeit drugs with intent to sell or deliver
The statute does not make it a felony to simply possess counterfeit drugs, with no intent to sell them. However, if you are found to be in possession of a significant quantity of counterfeit drugs, a police officer may have probable cause to arrest you for possession with intent to sell or deliver in any case. If you were arrested for possession of counterfeit drugs with intent to sell or deliver, but you had no intent to sell or deliver, you would need to raise a credible defense at trial to demonstrate your lack of intent.
This particular felony only applies to counterfeit controlled substances are included in the North Carolina Controlled Substances Act. Selling counterfeit drugs, which are not controlled substances, could be illegal under other federal and state laws, depending on the circumstances.
What are the penalties for possessing or selling counterfeit drugs?
The state felonies listed above are classified as Class I felonies. If you were convicted, the minimum sentence for a first conviction would be four months of community punishment, and the possibility of a fine, with a maximum sentence of six months of community punishment for a first offense. If you have prior convictions, you could face up to 10 months in a state prison.
Posted in Drug Crimes | Tagged counterfeit drug crimes, counterfeit drugs, drug crimes, drug crimes attorney