And does anyone know the logic behind this in the first place? Is it “even though you really didn’t do anything illegal, we’re going to invent a law to get you anyway, smartass”? Or is it more because the buyer doesn’t know its fake, thus bringing no-goodniks into a neighborhood, causing problems, etc. And what exactly is this crime called anyway?
The seller may not know it’s fake. He doesn’t get a free pass for dealing just because he was too stupid to know he got ripped off by his supplier. Either he knows or he doesn’t, he is still dealing. Can’t answer your question about all 50 states. Each drug statute in NJ has the words “or its analog” so it is the case here. One down 49 to go.
“Analog” does not necessarily include fake drugs. See this:
Unless soap is chemically related to crack, it wouldn’t fall under the heading of an analog. My guess is that although the reasons for enforcement may be as speculated in the OP, the actual offense might be prosecuted under fraud.
Often there’s a separate offense for “delivery of simulated controlled substances” or something of that nature. Around here it’s:
Because, when the addicts realize they’ve been duped, the bullets from the drive-by shooting might hit an innocent bystander.
But is the crime actually called fraud? Or drug dealing? Or pissing off a crackhead?
It’s not usually called fraud, because it’s not usually a defense that you didn’t realize you were fraudulently selling fake drugs. It’s usually called something like “delivery of simulated controlled substances.”
You are correct and then you were wrong. Serves me right for trying to answer quickly. Fake drugs fall under a separate statute, analogs are rolled into the same statutes and the actual substances.
Possesion of real drugs or their analogs falls under 2C:35-10. It will never be prosectuted under the fraud statutes.