# Is it illegal everywhere in the US to sell fake drugs? **URL:** \ **Category:** Factual Questions\ **Created:** [December 1, 2006, 5:02pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482 "2006-12-01T17:02:40Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Wee\_Bairn](https://avatars.discourse-cdn.com/v4/letter/w/90db22/32.png) [@Wee\_Bairn](https://boards.straightdope.com/u/Wee_Bairn)\ **Post date:** [December 1, 2006, 5:02pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/1 "2006-12-01T17:02:40Z")
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? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [December 1, 2006, 5:10pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/2 "2006-12-01T17:10:29Z")
[QUOTE=Wee Bairn] 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? [/QUOTE] 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. ---
**Author:** ![Q.E.D](https://avatars.discourse-cdn.com/v4/letter/q/51bf81/32.png) [@Q.E.D](https://boards.straightdope.com/u/Q.E.D)\ **Post date:** [December 1, 2006, 5:18pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/3 "2006-12-01T17:18:28Z")
[QUOTE=Loach] Each drug statute in NJ has the words “or its analog” so it is the case here. [/QUOTE] “Analog” does not necessarily include fake drugs. See [this](http://www.chem.qmul.ac.uk/iupac/medchem/ah.html#a9): > [@](#): > > An analog is a drug whose structure is related to that of another drug but whose chemical and biological properties may be quite different. (See also Congener). 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. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [December 1, 2006, 5:29pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/4 "2006-12-01T17:29:26Z")
Often there’s a separate offense for “delivery of simulated controlled substances” or something of that nature. Around here it’s: > [@](#): > > CHAPTER 482. SIMULATED CONTROLLED SUBSTANCES > > § 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT > TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if > the person knowingly or intentionally manufactures with the intent > to deliver or delivers a simulated controlled substance and the > person: > (1) expressly represents the substance to be a > controlled substance; > (2) represents the substance to be a controlled > substance in a manner that would lead a reasonable person to believe > that the substance is a controlled substance; or > (3) states to the person receiving or intended to > receive the simulated controlled substance that the person may > successfully represent the substance to be a controlled substance > to a third party. > (b) It is a defense to prosecution under this section that > the person manufacturing with the intent to deliver or delivering > the simulated controlled substance was: > (1) acting in the discharge of the person’s official > duties as a peace officer; > (2) manufacturing the substance for or delivering the > substance to a licensed medical practitioner for use as a placebo in > the course of the practitioner’s research or practice; or > (3) a licensed medical practitioner, pharmacist, or > other person authorized to dispense or administer a controlled > substance, and the person was acting in the legitimate performance > of the person’s professional duties. > (c) It is not a defense to prosecution under this section > that the person manufacturing with the intent to deliver or > delivering the simulated controlled substance believed the > substance to be a controlled substance. > (d) An offense under this section is a state jail felony. ---
**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\ **Post date:** [December 1, 2006, 5:41pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/5 "2006-12-01T17:41:32Z")
Because, when the addicts realize they’ve been duped, the bullets from the drive-by shooting might hit an innocent bystander. ---
**Author:** ![Wee\_Bairn](https://avatars.discourse-cdn.com/v4/letter/w/90db22/32.png) [@Wee\_Bairn](https://boards.straightdope.com/u/Wee_Bairn)\ **Post date:** [December 1, 2006, 5:45pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/6 "2006-12-01T17:45:42Z")
But is the crime actually called fraud? Or drug dealing? Or pissing off a crackhead? ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [December 1, 2006, 6:05pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/7 "2006-12-01T18:05:31Z")
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.” ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [December 1, 2006, 6:58pm UTC](https://boards.straightdope.com/t/is-it-illegal-everywhere-in-the-us-to-sell-fake-drugs/382482/8 "2006-12-01T18:58:57Z")
[QUOTE=Q.E.D.] “Analog” does not necessarily include fake drugs. See [this](http://www.chem.qmul.ac.uk/iupac/medchem/ah.html#a9): 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. [/QUOTE] 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. > [@](#): > > 2C:35-11. Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties. > > a. It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance or controlled substance analog: > > (1) Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or > > (2) Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or > > (3) Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog. > > Any of the following shall constitute prima facie evidence of such circumstances: > > (a) The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs. > > (b) The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance. > > (c) The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog. > > b. It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog. > > c. In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance or controlled substance analog. > > d. A violation of this section is a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000.00 may be imposed. > > e. The provisions of this section shall not be applicable to (1) practitioners or agents, servants and employees of practitioners dispensing or administering noncontrolled substances to patients on behalf of practitioners in the normal course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or sell noncontrolled substances to practitioners for use as placebos in the normal course of their business, professional practice or research or for use in Federal Food and Drug Administration investigational new drug trials. Possesion of real drugs or their analogs falls under 2C:35-10. It will never be prosectuted under the fraud statutes.