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IMITATION CONTROLLED SUBSTANCES, SELLING ANG BUYING

With so many tourists looking for a good time in Las Vegas, drugs and drug dealers are common in Vegas clubs and on the strip. But some individuals who present themselves as drug dealers are actually scammers who sell fake drugs to unsuspecting tourists.

When sales of drugs, imitation or otherwise, occur in Las Vegas, Metro police officers may be watching. And if you are caught with imitation drugs, you shouldn't expect to be let go by police, because in Nevada it is a crime to sell or possess any substance designed to look like illegal drugs.

SELLING AN IMITATION CONTROLLED SUBSTANCE

According to NRS 453.332, it is unlawful to manufacture, distribute, or sell an imitation controlled substance. This offense is a misdemeanor, punishable by a maximum of 6 months in county jail and a $1,000 fine. Selling real drugs is a felony offense. As such, this creates an incentive for individuals to sell fake drugs, as the potential charge is much less serious.

POSSESSING AN IMITATION CONTROLLED SUBSTANCE

Under subsection 4 of NRS 453.332, it is also a crime to possess an imitation controlled substance with the intent to use it. Possession of an imitation controlled substance is a gross misdemeanor, punishable by up to a year in jail and a $2000 fine. Note that possession of a controlled substance is actually a more serious offense for the person buying than the person selling.

ENHANCEMENT OF SENTENCE

Both selling and possessing imitation controlled substances can become felonies under certain circumstances. In particular, with regard to selling fake drugs, if the person selling is over 18 and the person buying is under 18, the crime becomes a felony, punishable by 1 to 5 years in state prison. Regarding possession with intent to use, if you are convicted three separate times for this offense, the third time is a felony, punishable by 1 to 5 years in prison.

DEFENDING IMITATION DRUG CASES

Many individuals who have been charged with buying imitation drugs have never been in trouble before, and want to keep their records clean of any criminal convictions. So if you have been charged with this offense, call me right now and we can discuss the specifics of your case.

By Michael Pandullo

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