this post was submitted on 25 Aug 2023
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Ok, real talk: is that actually legal? It's definitely fraud, but can you fraudulently sell illegal substances?
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.
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.
If someone was actually allergic to oregano, and smoked it, they would be in a bad way.
If they vomited and aspirated while having breathing trouble from their allergy, or experience any other type of complication while they are in respiratory distress you are totally on the hook for what happens to them.
They can reasonably make a case to charge you. That doesn't mean the charges will stick or hold up in court.
Of more concern is the snitches in the school. This kid needs to clean house, teach them the find out phase.
Clickedy clack, brahp brahp!
Are you serious?
Yes.
Given that manslaughter is accidental killing I don't believe you're really a lawyer
:::pushes glasses up::: well ackshually I never claimed I was but that technicality makes this whole thing legal. Go for it!
You're also definitely not supposed to sell stuff out of your backpack at a school, like if a teacher catches you selling anything, that could get you in trouble in school at the least
In many jurisdictions in the US it is illegal to sell imitation controlled substances.
Link: https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/drug-charges/jail-selling-fake-drugs.htm
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. ♥
but what if you only refer to it as "the good stuff ;) ;)"
I think it's probably illegal to sell anything, especially food, without being registered with the required services like the IRS or the FDA.
This could fall under the same regulation as a lemonade stand or fundraising cake sales.
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.
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.
If you just used slang I doubt there would be any way to make a case, besides not like you give receipts.
Courts and police don’t have much tolerance for that.
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
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.
Shrug I live in the Bay which I guess isn’t terribly representative of the rest of the US? I went to high school in Texas though and we only had one student arrested, and he was dealing.
Sorry for your experiences! Sounds awful
Definitely varies by region or specific cities. And thanks! Yeah, the police and school administration where I lived were insanely punitive and pretty much out to get counter-culture type kids. I had a bunch of conflict with a middle school vice principal and a few years after I left he was fired for punching a student... so... they moved him to Principal of an elementary school. Our HS security guard was an ex DEA agent and he and the admin were obsessed with the idea of busting kids for smoking weed. Local cops were obsessed with the idea of pulling us over and searching us and the car, and we were 15-18. We didn't realize we could say no. One time we bought a bong at a local head shop and it turned out the cops were staking it out and followed us, then claimed the driver made a 'rolling stop' 100 feet before we got to the next city limits. We'd also get stopped just driving around not doing anything, if they saw 2-3 teenagers in a car. So, both the school and local police were pretty tough to deal with. In a midwestern town we moved to, my brother and a friend had this one cop who had it out for them who would walk up and just start jamming his hands in their pockets "am I going to find anything? am I going to stab myself on a needle?" (which makes no sense, they never did/got busted for IV drugs). I went into my 20s thinking I'd always have to be concerned about being pulled over and searched but when I moved to the SW it didn't happen again.
I came up in a small town and they were thrilled at any opportunity to bust one of us with a little marijuana and they prosecuted as intensely as they could. My town was famous for sending kids to jail rather than diversionary programs.
Yep! People think of it as an urban thing (i think?) but small city police use it as a way to abuse the fuck out of people.
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.