Counterfeits and the law

[Hacksquats]

Hey if you get busted and the shit you have turned out to be counterfeit - would you be able to overturn the case? If the stuff in question wasn't even real can they legalaly convict you? Or is it more of an intent thing? -Note I'm talking for personal use - I'd prosecute the shit out of someone distributing counters.

 

[satchboogie]

i read an article regarding that..

in england, it isnt against the law to possess legit gear for personal use. but if you get caught with fake gear, charges can be pressed.

bump!

 

[liftshard]

Depends upon the state, I think. In most places, having fake stuff was not chargeable as possession of the real thing unless you were selling it.

When we had the FBI crime lab head into law school, he told us about cops requesting that he lie about whether the substances they siezed were in fact real, so it does make a difference even for the offense of distribution.

 

[Rick Collins]

Most states have counterfeit drug statutes to go after guys who sell beat drugs. [Note that one federal court misused the Analogue Act as a counterfeit drug statute. In a Virgin Islands case called U.S. vs Greig, the court conjured (tortured) the Analogue Statute into a Counterfeit Drug Statute by holding that a ball of wax and flour can be an “analogue” of cocaine to prosecute the seller!] But in cases of personal use possession, generally the charges get tossed because you can't be guilty of Possession of a Controlled Subtance if you're not in possession of a controlled substance.