What is counted in quantity of Drug Busts?

[trustknow1]

What is the name of your state? Colorado

Question 1
If a drug dealer gets busted for selling hard drugs like crack, meth or similar, which turns out to be some fake substance being sold to rip-off drug users, is there still a drug-related crime?

Question 2
When drug dealers get busted, how do they determine what counts in calculating the amount of the drug he is charged with? Every part testing positively as the drug? How does the stuff they add to it (cut), to make more to sell. figure in? For example......

-One ounce bag of cut next to one ounce bag of cocaine. Total?

-One half ounce of cut was just poured into the one ounce bag of cocaine just before the bust. Now you have One half ounce bag of cut next to One ounce bag of cocaine with one half ounce of cut poured into it, total bag wt is now 1.5.
Total?

-One ounce bag of cut, and no bag or quantity of any cocaine.
Total?

You get it....My question is:
After a bust...."if it looks like a drug, is it a drug?"

The total can seriously affect the sentence penalties in many cases. No urgent need, just curious for replies or where to find info. Thanks

 

[DiannaMaria66]

weights&measures

I remember reading,that when charging someone with possession, the actual drug and not the 'filler' should be counted. It is a question that your lawyer could answer with 100% certainty.I was just perusing through a law book and remember reading that. A senior member that posts in this section would probably know the answer for sure,as well.

 

[gawm]

i seen an episode of cops once when they busted a street dealer for selling crack. it turned out to be soap(he was ripping people off) they let him go. i can't remember what state that was

 

[CdwJava]

Question 1
If a drug dealer gets busted for selling hard drugs like crack, meth or similar, which turns out to be some fake substance being sold to rip-off drug users, is there still a drug-related crime?

It depends on state law on the subject, but in every state I am aware of this is still a crime.

Question 2
When drug dealers get busted, how do they determine what counts in calculating the amount of the drug he is charged with? Every part testing positively as the drug? How does the stuff they add to it (cut), to make more to sell. figure in? For example......

They tend to use the gross field weight. The defense might try to argue cut or purity, but this is generally an exercise in semantics.

-One ounce bag of cut next to one ounce bag of cocaine. Total?

The "cut" is evidence of sales ... therefore, the charge would be possession of cocaine for sales. The weight doesn't really matter for the charge.

-One half ounce of cut was just poured into the one ounce bag of cocaine just before the bust. Now you have One half ounce bag of cut next to One ounce bag of cocaine with one half ounce of cut poured into it, total bag wt is now 1.5.
Total?

1.5 ounces of cocain and further indicia of sales. Possession for sales again.

-One ounce bag of cut, and no bag or quantity of any cocaine.
Total?

Possession for sales ... the weight exceeds a "personal use" amount thus, sales again - though the defense can argue that the defendant is a crack fiend and it was all for him.

You get it....My question is:
After a bust...."if it looks like a drug, is it a drug?"

Pretty much. But it depends on the circumstances and state law. If it is masquerading as a drug then it is generally treated as such. However, the charges for deailing in FAKE dope may not be the same as dealing in the real stuff. But, dealing in fake dope can get you killed ... if caught by the police, it's only time in the pokey.


- Carl

 

[gawm]

what if he had a really bad hang nail and he carried little baggie of Epsom salt around? I am told that can look just like meth. say he gets pulled over for whatever reason and they find that. Are you saying he can do time just because it looks like meth?

 

[CdwJava]

If he's trying to pass it off as meth it IS possible. If he's not trying to sell it as meth., then there would likely be no crime ... at elast not for possessing epsom salt.

- Carl

 

[trustknow1]

i seen an episode of cops once when they busted a street dealer for selling crack. it turned out to be soap(he was ripping people off) they let him go. i can't remember what state that was

Funny, that episode of cops prompted my questions. That is what I remember, the loser was actually selling soap...as crack or coke. State escapes me as well, but I vaguely remember he was given same advice CdwJava posted....(arrest being the least of your worries after you go down that road). I'm thinking he was a regular yo-yo in the neighborhood cops knew...and after telling him he was asking for street justice if he continued...then let him go..

That episode started a two-hour "what if" discussions about drug busting scenarios with a buddy. The only thing we agreed was a sure fact after two hours...was we both tried pot years ago in high school, and if we tried smoking some pot now...we would probably both end up in a psych ward.....lol.

 

[Kane]

In Texas selling a fake substance is a crime. Possessing it is not.

Anything that's added into the drugs is counted for punishment purposes. If you cut one gram of cocaine with 99 grams of baking soda, you're in possession of 100 grams. If you have one gram of coke sitting next to 99 grams of baking soda, you're in possession of one gram.

Like Carl said, the law varies from state to state.

 

[trustknow1]

If he's trying to pass it off as meth it IS possible. If he's not trying to sell it as meth., then there would likely be no crime ... at elast not for possessing epsom salt.

- Carl

That was what sounded logical to me....much of the outcome based on "intent" component. If you represent something as crack, package and contents consistent with representation, then sell it in drug selling fashion.....the only difference would be the contents being "soap". Since the content and purity of any street drugs varies widely ....it would create a quagmire of testing all confiscated substances that would cost a ton of money.

Hey...thanks Carl!