I've got a kid who had a bunch of Mucenex (over the counter) tablets. He packaged them into bags with 7 pills each and told everyone at school that he injected them with Aderroll.
There is no evidence at this point to suggest that he did that. We could probably charge attempted deliver if we could prove that he genuinely believed that they were, but the evidence we have so far suggests he's just a big liar trying to make a quick buck and that it really was just over the counter Mucenex.
Is there anything he can be charged with? The two things that come to mind are 481.129(b)(2) H&S Code; possession/delivery of a counterfeit drug, but I'm not sure that it meets the defintion of counterfeit substance because Mucenex is not a controlled substance.
The other thing that came to mind was Deceptive Business Practice as passing that product as it were another.
What about Delivery of a Simulated Controlled Substance?
Theft? Deceptive business practices?
I agree with Abigail- this is exactly what delivery of simulated controlled substance seems to cover. As I read that statute so long as the kid purports the drug to be a controlled substance, then it doesn't matter what it actually is. The only difficulty with the facts as you've described is that there may not be an actual delivery. Is it worth it to you to even try "attempted delivery of a simulated controlled substance?"
One of these days I'm going to find a case like this that I can prosecute under trademark counterfeiting...
I also agree that Delivery of Simulated Controlled Substance should work, but I don't believe that there is a need to reduce it by alleging attempted. Deliver "includes offering to sell a simulated controlled substance."
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