Georgia takes all drug crimes seriously. One of those crimes is drug counterfeiting. Drug counterfeiting occurs when a person sells drugs that are fake while passing them off as a different drug. Selling counterfeit drugs over state lines is also trafficking.
What elements are needed in a drug counterfeiting case?
If a person is arrested on charges of drug counterfeiting, there must be certain elements in place. A person must have committed the offense intentionally. In other words, if someone sold a drug that was actually a different drug believing that it was the former one, they could not be charged with drug counterfeiting as they lacked the intent to commit the crime.
A materially false statement must have been made by the individual selling the counterfeit drugs. This means the person must have intentionally misrepresented the drugs to potential sellers.
In a case involving drug counterfeiting, the prosecution would have to prove that both of these elements are present. If one or both are not in place, it would make for a weak case and the court might have to dismiss the charges against the defendant. However, it’s possible for a conviction without intent to take place.
What are the penalties for drug counterfeiting?
A conviction of drug counterfeiting can result in serious penalties. If you sold the substance across state lines but lacked intent, you could face one year in prison and a maximum fine of $1,000.
On the other hand, a conviction of drug counterfeiting with intent could result in a prison term of up to three years and a maximum fine of $10,000. If the counterfeit drugs were sold or attempted to be sold to 20 or more people, the prison term could be up to 60 years and the fine up to $200,000.
These charges should be taken seriously. You need to protect your rights and get help for your case.