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127 points

Ok, real talk: is that actually legal? It’s definitely fraud, but can you fraudulently sell illegal substances?

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136 points

No, this is definitely illegal in the US. You will likely get multiple charges for fraud, intent to sell narcotics, and if anyone gets harmed attempted manslaughter (some people are allergic to oregano, a lot of stuff that looks like cocaine is deadlier than cocaine). If your customers aren’t dumb kids the retaliation could be worse than the cops too.

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49 points

Fraud I get, but intent to sell narcotics is ridiculous. You never had the intent, that’s why you’re selling oregano. And manslaughter? WTF. Battery at best, manslaughter only if someone actually dies. The US legal system is so damn punitive.

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23 points

If someone was actually allergic to oregano, and smoked it, they would be in a bad way.

If they vomited and aspirated while having breathing trouble from their allergy, or experience any other type of complication while they are in respiratory distress you are totally on the hook for what happens to them.

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13 points

They can reasonably make a case to charge you. That doesn’t mean the charges will stick or hold up in court.

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20 points

Of more concern is the snitches in the school. This kid needs to clean house, teach them the find out phase.

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2 points

Clickedy clack, brahp brahp!

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1 point

Are you serious?

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3 points

attempted manslaughter

Given that manslaughter is accidental killing I don’t believe you’re really a lawyer

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2 points

:::pushes glasses up::: well ackshually I never claimed I was but that technicality makes this whole thing legal. Go for it!

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-1 points
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You’re also definitely not supposed to sell stuff out of your backpack at a school, like if a teacher catches you selling anything, that could get you in trouble in school at the least

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48 points

In many jurisdictions in the US it is illegal to sell imitation controlled substances.

Link: https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/drug-charges/jail-selling-fake-drugs.htm

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32 points

Thank you for linking this. I’ll be honest, I read most of it pretty skeptically thinking it was a silly law, but as a harm reduction for people OD’ing on a substances they have been misled about and doctors being able to accurately treat patients, this actually makes a lot of sense. Ty for the context. ♥

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22 points

I think it’s probably illegal to sell anything, especially food, without being registered with the required services like the IRS or the FDA.

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19 points

This could fall under the same regulation as a lemonade stand or fundraising cake sales.

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5 points
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Definitely if you’re selling [not-food] a and claiming it’s [food]. But I don’t necessarily think there’s anything that prevents you from selling something that you say is not safe to eat, despite it actually being safe to eat. Companies do that all the time where they’ll say their product is not safe for x even though it is, jsut to avoid liability.

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8 points

I doubt that laws on false advertising have any exception for things that are already illegal, so yes it’s likely illegal to advertise oregano as weed.

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4 points

If you just used slang I doubt there would be any way to make a case, besides not like you give receipts.

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5 points

Courts and police don’t have much tolerance for that.

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2 points

Maybe, but what prosecutor would pursue that? Hard to prove beyond reasonable doubt if all you have is a bag of oregano and the testimony of a few children that faked being high. Not a great use of time, and all for one 17 year old kid

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