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Author Topic: Marijuana vs. oregano
I Am 6-Ironsman
Deck the Malls


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I have been told that in some states, one can actually be charged more severely for selling a phony drug (oregano for marijuana, flour for cocaine, etc) than they would for selling an equal quantity of the drug itself. The supposed reasoning is that the crime lies in the intent, not the actual material, so that oregano may as well have been marijuana. Additionally, one can be held accountable for misrepresenting a product at the point of sale (!) Try to be the plaintiff in that case "Your honor, the defendant said that he was selling me some pot, but all I got is some oregano and I want my money back!"

Funny, but how much does it hold up in real life?

Posts: 370 | From: New York. | Registered: Oct 2001  |  IP: Logged | Report this post to a moderator
pob14
Jingle Bell Hock


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Speaking IL law:

Manufacture or delivery of a lookalike substance is a Class 3 felony (2-5 years possible) with a potential fine up to $150,000. This is slightly greater than the penalty for SOME small-amount delivery of (real) controlled substances (in that the possible fine is greater), although those are also Class 3's.

Bare POSSESSION of a lookalike is a petty offense.

So for Illinois anyway, I'll give you a "sorta true" on that one.

POB

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Sparverius
The Red and the Green Stamps


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There may be an additional reason - the real pot, or heroin or whatever, is a known property to its users. A lookalike may actually be deadly if used in the same way.
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Spam & Cookies-mmm
Ding Dong! Merrily on High Definition TV


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Defrauding drug users could also lead to more violent crime when the cheated party comes to take his refund out of your hide.

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Pogue Ma-humbug
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Kentucky law on this issue. But the penalties are not more severe than selling the real thing.

Pogue

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TheKid
The Red and the Green Stamps


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Strangely, there was a case of this very recently (I believe 2 weeks ago), here in Las Vegas. A couple sold a bag of salt to a guy who thought it was crystal meth. The guy realized he got ripped off and killed the couple's 3 year old kid and left their 10 year old paralyzed (sp?) from the waist down. (Sorry, no link.... and even if I knew where to find one, I wouldn't know how to post it)

The"Hooray, my first post on snopes.com"Kid

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Van Couver
Happy Xmas (Warranty Is Over)


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quote:
Originally posted by Michael:
"Your honor, the defendant said that he was selling me some pot, but all I got is some oregano and I want my money back!"

Funny, but how much does it hold up in real life?

Well if I were the Judge I would tell him that anybody that is stupid enough to mistake the smell of Mairuana for the one of Oregano deserved what he gets.

Seriously..I know how Oregano smells from cooking. And the weed I smell from the people living 2 floor under my flat. There is quite a diffrence.

bg
Van *stupid is as stupid does* Couver

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brick
Happy Holly Days


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quote:
Originally posted by Michael:
Try to be the plaintiff in that case "Your honor, the defendant said that he was selling me some pot, but all I got is some oregano and I want my money back!"

Funny, but how much does it hold up in real life?

Yeah, probably tough to find a buyer with the stones to bring a lawsuit against the dealer. But the state might do it by bringing the additional charge against the dealer. You would still have the less difficult problem of getting the buyer to testify to the truth, of course.
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Kate
Markdown, the Herald Angels Sing


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Here's how it would work under English law:

The person who sold the fake drugs would be guilty of fraud, because he defrauded the person who bought the fake drugs thinking they were real. He would also be guilty under the weasel words of the Misuse of Drugs Act, which provides that:
quote:
it is an offence ... to supply or offer to supply a controlled drug to another
The person who bought the fake drugs would also be guilty under the Act: his crime would be attempting to be in possession of a controlled drug contrary to the Act.

The buyer would have no hope in his:
quote:
"Your honor, the defendant said that he was selling me some pot, but all I got is some oregano and I want my money back!"
In contract law, a contract to do something illegal is unenforceable: the law will not help someone to break the law.

Kate

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Ksmo
The Red and the Green Stamps


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quote:
Originally posted by Pogue Mahone:
Kentucky law on this issue. But the penalties are not more severe than selling the real thing.

Pogue

Of course Kentucky would have a law against this....we wouldn't want people to be interfering with our number one cash crop, would we?
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