A few weeks ago, a man in North Carolina was arrested for allegedly selling an undercover police officer what he claimed to be cocaine. However, after being arrested, he admitted the substance he originally stated was cocaine was actually crushed up Pop Tarts. The man was apparently in need of money and crushed a corner of a Pop Tart to sell for $20. The substance was tested and it contained no traces of cocaine.
Now, this may seem like just a silly story but, believe it or not, this man committed a crime. In his home state of North Carolina, he was charged with selling a counterfeit controlled substance and creating a counterfeit controlled substance. Here in Fort Collins, Colorado, he would have likely been charged with violating the drug law C.R.S. 18-18-422 Imitation Controlled Substances. Let’s take a closer look at what this law entails.
Pop Tart Powder: What is an Imitation Controlled Substance?
First, it’s important to understand how Colorado law defines an “Imitation Controlled Substance.” C.R.S. 18-18-420 breaks down the definitions related to this offense and defines “Imitation Controlled Substance” as:
Basically, it’s anything that’s made to look like a drug, including cocaine, marijuana, or methamphetamines. Obviously putting a whole Pop Tart in a bag and claiming it was cocaine would not have fooled anyone. However, by crushing the corner of the Pop Tart to create a fine white powder resembling cocaine, an Imitation Controlled Substance was created.
What is an Imitation Controlled Substance Violation?
The law states: “It is unlawful for a person to manufacture, distribute, or possess with the intent to distribute an imitation controlled substance.” For our North Carolina man, he broke all three elements of this law.
- He crushed the Pop Tart crust to make fake cocaine- manufacturing
- He took it with him to try and sell it – possession with the intent of distributing / distribution
- He eventually sold it for $20 to an undercover agent – distributing.
That’s three strikes and he’s out!
Charged with an Imitation Controlled Substance Violation? Why You Need a Trained Lawyer
[pullquote align=”left” textalign=”center” width=”30%”]Our attorneys care for you and your circumstances.[/pullquote]This violation of the law is considered a level 4 drug felony in Larimer, Boulder and Grand County. A prison sentence can be a real possibility for a felony of this level. Prison will not only disrupt your life, it will impact your future as well. But don’t lose hope. Our attorneys care for you and your circumstances. We first evaluate every case for the likelihood of an acquittal or not – guilty jury trial verdict. We will not rest until a solid defense is before your jury. If success at trial is not likely, we will engage in plea negotiations on your behalf.
If you have received a Complaint for Imitation Controlled Substance, call the experienced lawyers at the O’Malley Law Office. With over 20 years fighting for good people like you, our lawyers will do whatever is necessary to get you the best possible outcome in your case.
If you or a loved one has been charged with a Drug Felony crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. We can also meet with your friend or family member at the Larimer County Jail for an attorney jail visit. Together, we can protect your future.