As far as I know, yes you go to jail for this, it's felony.
Lack of intent, no fraud
Where a person offers something to another with no intent to mislead the other, there is no fraud. For example, suppose you had a bag of aspirin at the concert and another person asked if you had any OxyContin to sell. If you said no, but offered to sell him your bag of aspirin (because he is going to need it the day after the concert!), you would not have committed fraud. You had no intent to defraud the other person and you did not misrepresent a fact to him.
Lack of intent not a defense
The federal law prohibiting counterfeit drug sales makes it a crime simply to sell a fake pharmaceutical drug. The penalty is increased where the person makes the sale with intent to defraud or mislead.
So, a person charged with a counterfeit drug sale who can show that he did not intend to defraud the victim may receive a lighter sentence, but he likely will not be acquitted.
Lack of knowledge
A person who lacks knowledge that he is dealing in a fake substance has not committed fraud. So, if you had received a baggie of tablets from a third party who told you it was OxyContin and then you sold the substance as OxyContin to another person, you would not be guilty of fraud or of selling a counterfeit drug with the intent to mislead or defraud another. (of course, you could face charges for selling the real thing, which is a controlled substance.)
Im sure this is probably the case in countries where the law is well enforced.
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