Despite the possession, use and distribution of drugs being illegal. If a person offers to smoke pot or offers acid to someone can they have criminal action taken against them? Is there a law that it is illegal to offer someone drugs?
2007-09-26 16:06:28 · 7 answers · asked by _ME_ 1 in Politics & Government ➔ Law Enforcement & Police
What happens if you don't possess the drugs? What if it is only offered? Can that be considered intent to sell?
2007-09-27 14:21:38 · update #1
Yes. In NY, even if you don't have what we call "felony weight" in terms of the quantity of drugs, you can be charged with possession WITH INTENT to sell. That means that you can have cocaine packaged consistent with street level sales or additional baggies or you offer it to someone else, regardless of payment.
But it doesn't matter, since it's illegal to possess drugs anyway. Just remember that anyone that touches drugs can be charged. The person who passes it will DEFINITELY be charged with criminal sale of a controlled substance.
EDITED TO ADDRESS YOUR ADDITION:
You're getting into grey territory. If you're talking about a serious offer with no drugs to back up the offer, then yes. If you wrap up flour in a glassine envelope as coke or oregano as weed, then absolutely.
But it seems as though you're asking some strange questions. Is this an actual case or just some strange hypothetical situation?
2007-09-26 16:14:20 · answer #1 · answered by LawGunGuy 3 · 1⤊ 0⤋
Yes, first of all, simple possession is illegal. It wouldn't matter if it was given, sold, traded, or even if they paid you to take it.
In Wisconsin, the statute reads "Delivery of a Controlled Substance". It does not define how it is delivered, simply giving to someone would be just as serious as selling it.
Also, delivery of an imitation substance is illegal in many states. So if you sell someone tea leaves, and tell them it is marijuana, you still get charged criminally.
2007-09-26 23:26:17 · answer #2 · answered by trooper3316 7 · 0⤊ 0⤋
In Ohio, trafficking is defined in O.R.C. 2925.03
(A) No person shall knowingly do any of the following:
(1) Sell or offer to sell a controlled substance;
(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person.
***
It goes on. . . . but, I don't see in there where it says anything about giving it away (although, it's illegal to distribute when the offender knows that it'll be sold or resold by another person).
2007-09-26 23:16:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The NC law is called Possession with intent to sell or deliver. If you just give your friend dope then that would fall under the "deliver" part. It is a felony.
2007-09-27 00:00:45 · answer #4 · answered by El Scott 7 · 0⤊ 0⤋
"Despite the possession, use and distribution of..."
you answered your own question ; distribution is the key word in the statement. The issue of price does not enter into it.
2007-09-27 12:04:51 · answer #5 · answered by sirbobby98121 7 · 0⤊ 0⤋
Since it is illegal to be in possesion of drugs, then yes, it would also be illegal to give someone drugs.
It doesn't matter how you got them...just having them is breaking the law.
EMT
2007-09-27 00:32:08 · answer #6 · answered by emt_me911 7 · 0⤊ 0⤋
yes
2007-09-26 23:22:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋