Is it Illegal to Deal Fake Drugs?

Dealing drugs is a serious offense in Louisiana. Depending on the type of drugs (or schedule) the sentence can change but many of them carry up to 30 years in prison. If the drugs happen to be fake, it doesn’t give a free pass to the person.

40:971.1 makes it a crime to distribute illegal drugs in the State of Louisiana.

“It shall be unlawful for any person to produce, manufacture, distribute, dispense, transport, deliver, or possess with intent to distribute or dispense any substance which is represented to be a controlled dangerous substance and which is an imitation controlled dangerous substance, or any controlled dangerous substance which is a counterfeit controlled dangerous substance.”

It is a 0-5 year felony which means that it carries probation of up to 5 years in prison, and or a fine of $5000. So if you and your friends are selling vitamin c tablets pretending they are Xanax, you will be arrested and you will face felony charges. Short answer: DON’T DEAL DRUGS. But do not think that because they are fake you will be treated differently. You will still be arrested and you will still face a potential jail sentence.

Now for the good news; if you are arrested for and convicted of distribution of false drugs, there are certain things an experienced lawyer can help you with. 1) You may be eligible for a diversion program; which means if you complete the program successfully, you will have the case against you dismissed and taken off your record. 2) If you are not eligible for diversion, then probation may be a possibility depending on your criminal record. This is important because you will avoid jail time. 3) If you are convicted of this charge, you will be eligible for an expungement. This means that you will be able to take the conviction off your record if you successfully complete the terms of your sentence.

It is always important to hire a lawyer if you have been arrested for a felony offense. The sooner we can get involved the more damage mitigation we can accomplish. Don’t wait call us immediately. Remember … When No One’s Carin’ Call McLaren! 504-300-8338