this post was submitted on 25 Aug 2023
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[–] agressivelyPassive@feddit.de 121 points 1 year ago (5 children)

Ok, real talk: is that actually legal? It's definitely fraud, but can you fraudulently sell illegal substances?

[–] Broken_Monitor@lemmy.world 129 points 1 year ago (4 children)

No, this is definitely illegal in the US. You will likely get multiple charges for fraud, intent to sell narcotics, and if anyone gets harmed attempted manslaughter (some people are allergic to oregano, a lot of stuff that looks like cocaine is deadlier than cocaine). If your customers aren’t dumb kids the retaliation could be worse than the cops too.

[–] state_electrician@discuss.tchncs.de 46 points 1 year ago (2 children)

Fraud I get, but intent to sell narcotics is ridiculous. You never had the intent, that's why you're selling oregano. And manslaughter? WTF. Battery at best, manslaughter only if someone actually dies. The US legal system is so damn punitive.

[–] Sotuanduso@lemm.ee 12 points 1 year ago

They can reasonably make a case to charge you. That doesn't mean the charges will stick or hold up in court.

[–] PseudoSpock@lemmy.dbzer0.com 19 points 1 year ago (3 children)

Of more concern is the snitches in the school. This kid needs to clean house, teach them the find out phase.

[–] pc_admin@aussie.zone 2 points 1 year ago

Clickedy clack, brahp brahp!

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[–] bug@lemmy.one 3 points 1 year ago (1 children)

attempted manslaughter

Given that manslaughter is accidental killing I don't believe you're really a lawyer

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[–] squiblet@kbin.social 42 points 1 year ago (1 children)
[–] FoundTheVegan@kbin.social 29 points 1 year ago

Thank you for linking this. I'll be honest, I read most of it pretty skeptically thinking it was a silly law, but as a harm reduction for people OD'ing on a substances they have been misled about and doctors being able to accurately treat patients, this actually makes a lot of sense. Ty for the context. ♥

[–] aggelalex@lemmy.world 19 points 1 year ago (2 children)

I think it's probably illegal to sell anything, especially food, without being registered with the required services like the IRS or the FDA.

[–] agressivelyPassive@feddit.de 17 points 1 year ago

This could fall under the same regulation as a lemonade stand or fundraising cake sales.

[–] QuinceDaPence@kbin.social 5 points 1 year ago* (last edited 1 year ago)

Definitely if you're selling [not-food] a and claiming it's [food]. But I don't necessarily think there's anything that prevents you from selling something that you say is not safe to eat, despite it actually being safe to eat. Companies do that all the time where they'll say their product is not safe for x even though it is, jsut to avoid liability.

[–] bstix@feddit.dk 8 points 1 year ago

I doubt that laws on false advertising have any exception for things that are already illegal, so yes it's likely illegal to advertise oregano as weed.

[–] AlwaysNowNeverNotMe@kbin.social 4 points 1 year ago (1 children)

If you just used slang I doubt there would be any way to make a case, besides not like you give receipts.

[–] squiblet@kbin.social 5 points 1 year ago (1 children)

Courts and police don’t have much tolerance for that.

[–] thrawn@lemmy.world 2 points 1 year ago (2 children)

Maybe, but what prosecutor would pursue that? Hard to prove beyond reasonable doubt if all you have is a bag of oregano and the testimony of a few children that faked being high. Not a great use of time, and all for one 17 year old kid

[–] squiblet@kbin.social 5 points 1 year ago (4 children)

Are you familiar with the United States? It doesn’t sound like it. In many towns, whether small cities, affluent suburbs or large cities, police, DAs and courts seemingly have nothing better to do. In the high school I attended in suburban New England they absolutely would have prosecuted a teenager who tried selling imitation drugs. I knew people who were targeted by police for years and eventually went through all sorts of police and court processes for less than 2 grams of weed.

The only way they wouldn’t have is if the family had enough money to get great lawyers, or they were related to someone who worked for the local government or school.

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[–] PP_BOY_@lemmy.world 3 points 1 year ago

All that the OOP asked was if it was legal, not if it would actually be prosecuted. You're right that there's no way anon would end up in jail for this but it's not legal either.

[–] PP_BOY_@lemmy.world 95 points 1 year ago (3 children)

they can't do anything

I know all greentexts are fake but this gave it away for me. Schools will 100% suspend you for what anon did, even if it's not actual drugs it's still drug paraphernalia (if this doesn't stick it can be filed under the "causing a distraction" clause).

[–] Knusper@feddit.de 18 points 1 year ago

I imagined it as them just having heard rumors of what anon did and possession of actual drugs would have been their only evidence...

[–] rifugee@lemmy.world 11 points 1 year ago (2 children)

Also, selling people fake drugs is fraud.

[–] figaro@lemdro.id 24 points 1 year ago (2 children)

You have to tell them if the drugs you are selling them are fake. It's the law.

[–] Killing_Spark@feddit.de 7 points 1 year ago

If you are a real drug you have to tell me!

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[–] Mythril@lemm.ee 14 points 1 year ago (1 children)

None of the students are going to admit they tried to buy drugs

[–] reverendsteveii@lemm.ee 2 points 1 year ago (1 children)

one of them must have, how else did OP end up in the office with the cops?

[–] WaxedWookie@lemmy.world 2 points 1 year ago (1 children)

Teacher finds bag, is as naiive as the kid, assumes weed and asks where did you get this? Kid drops the name, teacher calls cops thinking (but in no way verifying) they've found a dealer. OP has conversation with cops, kid catches wind of it and realises it's better to run with "yeah it's for cooking" than "I was trying to buy drugs and got ripped off".

[–] reverendsteveii@lemm.ee 2 points 1 year ago (1 children)

kid drops the name

They find the bag in your backpack

That's enough to charge right there

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[–] Filipdaflippa@lemmy.ml 2 points 1 year ago* (last edited 1 year ago) (2 children)

Well the cops can't do anything, who cares if you get suspended in HS that's just a vacation. This is obviously fake but that isn't what gave it away lol

[–] flucksy_bango@lemmy.world 5 points 1 year ago (3 children)

Lmao, the cops can arrest you for no reason. In this case "suspected of selling drugs" is probable cause. I'm pretty sure selling fake drugs is illegal, anyway.

There were a few kids arrested when I was in high school. The cops didn't ask shit. They just showed up, arrested them, and left.

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[–] reverendsteveii@lemm.ee 3 points 1 year ago (2 children)

https://www.rpfoley.com/selling-fake-controlled-substances-florida-statute-817-563.html

Here's at least one state where misrepresenting something as a controlled substance then selling it is punishable even what was actually sold is unregulated

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[–] echodot@feddit.uk 19 points 1 year ago* (last edited 1 year ago) (6 children)

Weird thing to lie about.

No one, including members of uncontacted tribes in the Amazon rainforest, would think that of oregano was weed.

Anon is an unconvincing lying liar.

[–] NoughtE@lemmy.world 13 points 1 year ago (1 children)

When I was 16 I was a little shit. Went to a school where there were loads of posh, upper-middle class kids who desperately wanted to try weed but had absolutely no way to get it. My friend and I sold them so much random shit that wasn't weed. Once we scraped this outer layer of soft, brown matter off a wooden park bench that had been in the rain, rolled it into a ball and said it was hash. We got expelled, but not because of that - just because we were idiots.

[–] WaxedWookie@lemmy.world 3 points 1 year ago (1 children)

Ah shit - now you've got me wondering... What is that soft brown stuff? Decaying wood? Some type of mold/mildew?

I vividly remember that stuff from when I was younger, but haven't thought about it in forever.

[–] echodot@feddit.uk 6 points 1 year ago (1 children)

Sounds like Dog Slime Mould - Which is actually a bacterium rather than a mould despite its name.

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[–] nefonous@lemmy.world 7 points 1 year ago* (last edited 1 year ago)

Mix it with tobacco and plenty of idiots will take it and smoke it

Source: seeing lots of dumb pranks in my teenager years

[–] ICE_WALRUS@lemmy.world 6 points 1 year ago (1 children)

Yeah I had a kid do this growing up and no one bought it AND he got kicked out of the school for trying to deal drugs even though they were fake.

[–] Mr_Buscemi@lemmy.blahaj.zone 4 points 1 year ago

Had a kid almost kicked out of my middle school for faking something similar.

During lunch one day, he crushed some sugar packets on an Oreo before giving it to another kid. Then jokingly told the kid he gave him a crushed up Ritalin covered Oreo. They all knew it was a joke since he crushed the sugar packet in front of him, but the kid hated the other guy so he told a teacher.

I think criminal charges were charged against him. The kid had to go get his stomach pumped in the chance it was actually Ritalin.

The other kid had gone to a disciplinary school for a full year before being allowed back for his 8th grade year.

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[–] KombatWombat@lemmy.world 13 points 1 year ago (2 children)

This is just an episode from the Office

[–] PixeIOrange@feddit.de 5 points 1 year ago

And orange is the new black.

[–] Pratai@lemmy.ca 13 points 1 year ago (1 children)
[–] stevedidWHAT@lemmy.world 3 points 1 year ago

Nothing is real on 4chan

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