fruitisbad wrote:
if you were selling them as pills, you wouldnt get away with it just cause they arent pills, im pretty sure theres a separate law, i.e if i was selling people flour and telling people it was cocaine(silly example, but u know what i mean), the police wouldnt let me off because its not cocaine, im prety sure theres some law and u would get done for dealin.
its not dealing someone is done for in this case – its fraud – obtaining money by deception (!)
It needs a smarter CPS lawyer to push this one through though and is only usually done when they can’t get the dealer on anything else.
it is usually only used against people who sell wholly inert substances passed off as drugs such as the dud pill sellers that used to turn up when pills cost more per unit (as they only needed to scam a few people to make a reasonable amount of money).
There is also no guarantee of quality but a “reasonable expectation” (at least by the Police) of what a pill may be expected to contain….
its not a case of someone being let off completely – in the case of someone selling sharks or non-MDMA based pills, they would initially be arrested on suspicion of selling Class A substances and be either bailed or remanded accordingly depending on quantity/their circumstances (such as a traveller/squatter is way more likely to get remanded as they are deemed more likley to jump bail).
if lab tests come back for other substances then can (or should) only be charged according to whatever substances (and quantity thereof) were found in the pills..
That said most posession charges are now a caution if its for personal use; OTOH people are rarely caught with one substance alone – someone with sharks may have amfet or cannabis with them and would still be done for those substances (even if those quantities are personal).
