Quote:
Originally Posted by _MDMA ya but he'd still get in trouble as they are mimicking a controlled substance  just like if you were to sell fake coke to a cop they'd still pull some shit and get you on some charges. |
no they wouldnt, because its not illegal to sell baby powder or baking soda... u cant get in trouble for possessing what appears to be a narcotic but actually isnt.
edit: there are two parts to every crime, the Mens Rea, or guilty mindset, and the Actus Reas, the guilty act (or sometimes not acting, like NOT paying child support). Even if they can prove the mens rea, the fact that he THOUGHT he had an illegal substance, there is no actus reas, because he did no act that violated the law.
Oh, except crimes sex crimes with minors... those dont require the mens rea, because even if she is 15, has a fake id, and tells you she is over 18, it doesnt matter, its still rape.