Trafficking charge applies without drugs

By buseman · Jun 9, 2010 · ·
  1. buseman
    COLUMBUS, Ohio (AP) -- The Ohio Supreme Court has ruled that drug traffickers still face major drug offender penalties even if the drugs they sought to sell are never found.

    In a unanimous 6-0 ruling, the high court ruled Tuesday that a recent decision in another case does not apply in cases where the drugs are never recovered.

    The earlier decision said a detectable amount of the controlled substance must be present in the drugs that are offered for sale before a court can impose the stiffer penalty for major drug offenders.

    Tuesday's case shoots down a challenge from Oliver Garr, who was charged with first-degree felony drug trafficking and a major drug offender specification after offering to sell an informant two kilograms of cocaine. Police never recovered any drugs.

    JUNE 8, 2010

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  1. godztear
    Wow, that is really hard to swallow. Basically they are saying that you can get charged with selling drugs just for talking about making a sale. That is really messed up.
  2. Blue Buddha
    SWIM has heard of similar laws saying if you sell a substance that isn't illegal, say parsley as an illegal substance you can be charged with selling the illegal substance, even though said person never possessed said illegal substance.
  3. Thirdedge
    In New Zealand the reverse is also true, so if you sell MDMA as a legal party pill and prove you honestly thought it was, then that could work as a defense. This often holds true when someone is selling pills as MDMA which is a class b drug. While often the pills also contain the class a drug Methamphetamine, dealers are only charged with selling the class b MDMA, unless they knew the pills were laced with Meth.
  4. godztear
    That is more then likely the situation in this case one can assume. Dude offered to sell the cops a couple of kilos of coke and instead sold them powdered sugar.

    These laws are very tricky, because of the word entrapment. In a situation like I have depicted, entrapment would have to be proven on both parties defense. If the said perpetrator was known for trafficking narcotics then he is basically screwed no matter how slick he thought it was, not to mention the humor involved.
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