Is it illegal to falsely advertise for something illegal?

Let’s say someone was advertising, in so many words, that they were selling weed. What they were actually selling was oregano and making a tidy profit. They get raided but, of course, the police can’t find anything even remotely illegal on the premises or the people. They were even paying all taxes on time and in full.

The DA and the police all thought this bust would make their month (it’s a small town), elections are coming up, and they want to charge these guys with something. Can they charge them with anything?

In Ohio they could be charged with counterfeit controlled substances, promoting and encouraging drug abuse, or fraudulent drug advertising, all of which are low-level felonies. See Revised Code 2925.37. When I was a prosecutor I sometimes saw mooks who sold acorn meats and called it crack cocaine, oregano and called it marijuana, or talcum powder or baby formula and called it powder cocaine.

OK, thanks. I didn’t think I was being original. It’s kind of amusing to imagine, though, and anything that gets someone to say ‘mooks’ in GQ is worthwhile. :slight_smile:

Are you kidding? It’s one of my favorite words! :smiley: