Recently, a man was arrested for selling fake drugs at Bonnaroo, a music festival in Tennessee. What made the arrest interesting was not only the size and amount of the arrestee’s supply but his purpose for selling “drugs” that were, in fact, fake, useless, and ineffective for their intended purposes. Simply stated, David E. Brady claimed to be doing “God’s work.”

Local police arrested Brady, 45, a resident of New York, with over 1,000 doses of LSD, 22 bags of fake psychedelic mushrooms, 20 bags of fake cocaine, and 37 fake pills of molly, as well as an amount of fake heroin in his possession.

Apparently, Brady thought providing harmless drugs to people would keep them from using real drugs, and reduce the likelihood of overdoses, bad trips, and other negative effects. All sold for a nice profit. I’m sure he’ll put all of it in the church collection plate on Sunday.   

Unfortunately, Brady didn’t seem to acknowledge the fact that fake drugs may actually in their own right present negative, dangerous effects to users. There are stories in past years of people becoming seriously ill or even dying from using bath salts, “spice,” and fake marijuana.

Kentucky and most, if not all, states have laws that state it is a crime to sell fake drugs. Kentucky statutory law, in KRS 218A.350, governs prohibited practices concerning substances that simulate controlled substances. In Kentucky, any person who sells or traffics fake drugs is guilty of a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses.

Basically, in Kentucky, no person may sell or transfer any substance, other than a controlled substance, with the representation or creation of an impression that the substance is a controlled substance. Also, no person may manufacture, package, repackage, advertise, or mark any substance, which is not a controlled substance, in such a way that the substance resembles a controlled substance, for the purpose of creating the impression that the substance is, in fact, controlled.

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