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Counterfeit Substances and Its Penalties

  • December 4, 2013

What are Counterfeit Substances and What Are the
Penalties?

Description:

A counterfeit substance is a controlled substance (any
drug or substance such as stimulants, narcotics, hallucinogens, depressants and
marijuana) of which, or the container or labeling of which, bears, without
authorization, the trademark, trade name, or other mark, imprint, number or
device for identification of the real manufacturer, distributor or dispenser but
falsely represents it with another name. Counterfeit controlled substances
could as well be defined as substances that are represented to be a controlled
substance or a different substance which means a reasonable person would
believe it is a controlled substance because of the shared similarity in shape,
size, color, markings, labeling, or price for which it is sold.

Penalties:

Any person who is caught to manufacture, distribute, dispense,
and possess counterfeit substances will have to face the following penalties:

-For possession of such substances: Misdemeanor of the
first degree but for second offense, a felony of the fourth degree.

-For manufacturing, selling, delivering of any known
counterfeit drugs, or trafficking in said substance: a felony of the fourth
degree if committed inside the vicinities of a school. Otherwise, felony of the
fifth degree and possible imprisonment.

-For selling, offering to sell, giving, or delivering
such substances to a juvenile or a minor (any age below 18): felony of the
fourth degree and possible imprisonment.

-For representing a counterfeit controlled substance as a
controlled substance by describing its physical and psychological effects or promoting
and encouraging drug abuse: felony of the fourth degree if committed inside the
vicinities of a school. Otherwise, felony of the fifth degree and possible
imprisonment.

-For fraudulent drug advertising which means falsely
representing and advertising such substance as a controlled substance: a felony
of the fourth degree if committed in the vicinities of a school. Otherwise,
felony of the fifth degree and possible imprisonment.