Boy charged with felony for carrying sugar

[TheOhioStateUniversity]

Chicago Sun-Times | February 18 2006

A 12-year-old Aurora boy who said he brought powdered sugar to school for a science project this week has been charged with a felony for possessing a look-alike drug, Aurora police have confirmed.

The sixth-grade student at Waldo Middle School was also suspended for two weeks from school after showing the bag of powdered sugar to his friends.

The boy, who is not being identified because he is a juvenile, said he brought the bag to school to ask his science teacher if he could run an experiment using sugar.

Two other boys asked if the bag contained cocaine after he showed it to them in the bathroom Wednesday morning, the boy's mother said.

He joked that it was cocaine, before telling them, "just kidding," she said.

Aurora police arrested the boy after a custodian at the school reported the boy's comments. The youngster was taken to the police station and detained, before being released to his parents that afternoon.

"This is getting ridiculous," said the boy's mother. "They treated my son like a criminal. .. . This is no way to treat a 12-year-old kid."

East Aurora School District officials declined to comment on the case, citing privacy issues.

The district issued a written statement, which said: "The dangers of illegal drugs and controlled substances are clear.

Could get probation

"Look-alike drugs and substances can cause that same level of danger because staff and students are not equipped to differentiate between the two."

The school handbook states that students can be suspended or expelled for carrying a look-alike drug.

Penalties for juveniles are decided on a case-by-case basis, but if convicted, the sixth-grader could likely face up to five years' probation, said Jeffery Jefko, deputy director of Kane County juvenile court services.

Juveniles who have prior criminal records could also be placed in a residential treatment program if convicted, he said.

[Karlifornia]

Just say no to look-alike drugs.

I started using look-alike marijuana because a friend told me it would be fun. "Hey, man....just light up this oregano..it's almost like being high, maaaaaaaan"

It turned out to be a gateway look-alike drug, and I started doing harder look-alike drugs. I ate portobello mushrooms, and got totally full!! Powdered Sugar got me really high..I mean hyper. The powdered sugar got me really hyper. Don't even ask me about rock candy.

[GrantDawg]

Story written by the child's lawyers. I wonder what the custodian actually heard. Maybe this kid trying to pass this sugar off as cocaine for a little cash?

[Ben E Lou]

Maybe this kid trying to pass this sugar off as cocaine for a little cash?"What are you gonna charge him with? Possession of a condiment?"

"You client THOUGHT it was marijuana."

"My client's a moron. That's not against the law."

[Jon]

"What are you gonna charge him with? Possession of a condiment?"

"You client THOUGHT it was marijuana."

"My client's a moron. That's not against the law."

In New York, there's no law against possessing a look alike. But, there is a law against selling a look alike drug, and it's a felony. It's found under the General Health Law section of the New York statutes.

[Tekneek]

In New York, there's no law against possessing a look alike. But, there is a law against selling a look alike drug, and it's a felony. It's found under the General Health Law section of the New York statutes.

That is horrible law. It should have to be a controlled substance, not just me claiming that it is one. Is this fraud protection for drug users? I hope they extend just as much effort to all areas of fraud then.

[Tekneek]

Story written by the child's lawyers. I wonder what the custodian actually heard. Maybe this kid trying to pass this sugar off as cocaine for a little cash?

Who cares if he is? That doesn't mean he should be treated as a criminal. I'll never agree that it should be a crime to claim you have cocaine when you do not. Now, claiming you have cocaine might present probable cause to do a search, but unless they find cocaine you should not be charged with anything or punished at all.

[Greyroofoo]

I remember it being stressed quite well at my High School that lookalikes were against the rules.

While I don't know about a felony I have no problem with rules against lookalikes

[Easy Mac]

I used to drink water all the time at school... luckily no one thought it was vodka.

[QuikSand]

While I don't know about a felony I have no problem with rules against lookalikes

Well put. As usual, the truth lies somewhere between the absolute extremes.

Yes, there are good reasons to include laws against drug lookalikes.

No, it probably doesn't merit aggressive felony prosecution in this case.

[TredWel]

I used to drink water all the time at school... luckily no one thought it was vodka.
That actually happened to a bunch of girls in my class way back in 8th grade. But in their case, it actually was vodka.

Gotta love Catholic schools.

[Swaggs]

I don't have a problem with the lookalike laws, either.

Drugs, as a currency, cause a lot of violence--often over small issues.

[Desnudo]

I definitely agree with the lookalike law. Wasn't it said somewhere that intent is 110% of the law? or is that Minority Report? Anyway, at least those kids won't have to worry about being sold Oregano, which was a huge problem when I was in high school.

[cartman]

I wonder if the terms "you cock-a-roaches" or "you need someone like me, so you can point your fingers and say 'That's the bad guy'" were used in this matter?

:D

[Dutch]

The articles title is not very truthful. The boy is not being charged because he brought sugar to school. He's charged because he was trying to impersonate cocaine with a look-alike substance that happened to be sugar.

A rediculous conclusion by the Chicago Tribune to think it's illegal to possess sugar.

[Tekneek]

A rediculous conclusion by the Chicago Tribune to think it's illegal to possess sugar.

What did he "possess" then, if it wasn't sugar?

[Desnudo]

Fake cocaine, which he was going to use to start buildinng a real drug empire.

[MizzouRah]

Well put. As usual, the truth lies somewhere between the absolute extremes.

Yes, there are good reasons to include laws against drug lookalikes.

No, it probably doesn't merit aggressive felony prosecution in this case.
Agreed. The freakin kid says, "Hey, check out the cocaine I have" and thinks it's cool to trod around school acting as such. I assume they just scared him in a way he'll never do that again.

[sabotai]

I wonder how many times I would have been thrown in jail for joking about something illegal...

[clintl]

I used to joke about being a sugar addict when I was in high school. I guess if it was today, I'd get busted for that time I brought a box of sugar cubes to school and started passing them out.

[Desnudo]

I wonder how many times I would have been thrown in jail for joking about something illegal...

I was in a meeting a few days ago where someone was talking about the Cheney hunting accident and joked he'd like to go hunting quail with Bush so he could shoot him.

Maybe it was because no one ever scared him straight as a kid.

[Tigercat]

A school is there to serve the community and the children. HOW does this decision do either? If there are serious existing problems that could relate to faking drugs around school, then maybe this kind of extreme treatment and decision making by the school would make sense. Otherwise, NOTHING good would have come of this.

Let the kid stay in school, be treated as a student who did a disciplinary no-no, and give him plenty of detentions. If we are going to start suspending all immature kids and trying to turn them over to the police for whatever charges we can find, schools are gonna be a pretty screwed up place.

[Dutch]

What did he "possess" then, if it wasn't sugar?

Holding a Pepsi is being in "possession" of sugar. The rule on the books isn't about possessing sugar then right? The kid got into hot water for pretending to sell fake narcotics. Obviously you don't believe that it's illegal to possess sugar is the rule on the books. :)

[Tekneek]

Holding a Pepsi is being in "possession" of sugar. The rule on the books isn't about possessing sugar then right? The kid got into hot water for pretending to sell fake narcotics. Obviously you don't believe that it's illegal to possess sugar is the rule on the books. :)

I am astounded that it is a felony to have "fake cocaine" anyway. I'm not sure how this serves any purpose other than driving up arrest counts so they can pretend they are 'getting tougher on crime.'

[Dutch]

I am astounded that it is a felony to have "fake cocaine" anyway. I'm not sure how this serves any purpose other than driving up arrest counts so they can pretend they are 'getting tougher on crime.'

Be that as it may, but this is not a referendum on the pro's and con's of what you believe should be laws.

This kid broke a rule that people apparently wanted on the books and never complained about it.

[cartman]

Be that as it may, but this is not a referendum on the pro's and con's of what you believe should be laws.

This kid broke a rule that people apparently wanted on the books and never complained about it.

Like the laws that say whale hunting in Utah is illegal or riding a bicycle in a swimming pool in California is illegal? Those are obviously laws that at somepoint people wanted on the books and you don't hear people complaining about them.

[Tekneek]

This kid broke a rule that people apparently wanted on the books and never complained about it.

More than likely, it is a law that a lot of people did not even know about.

[Dutch]

Like the laws that say whale hunting in Utah is illegal or riding a bicycle in a swimming pool in California is illegal? Those are obviously laws that at somepoint people wanted on the books and you don't hear people complaining about them.

I'm not seeing your connection between a relevant law that you can get in trouble for and one that is irrelevant like whale hunting on land or flying Polish flagged bi-planes through Prussia.

[Dutch]

More than likely, it is a law that a lot of people did not even know about.

Now that is plausible.

[sabotai]

The kid got into hot water for pretending to sell fake narcotics.This is what the police report says?

[cartman]

Dutch, you contradicted yourself. I brought up examples of laws that are actually on the books. In your post you said it didn't matter pro or con if it was a good law or not, it was a law and the price needed to be paid. Then you state that the laws I brought up were bad laws, even though they are on the books and legally enforceable. They are connected in the fact that they are all legally enforceable laws.

[Jon]

That is horrible law. It should have to be a controlled substance, not just me claiming that it is one. Is this fraud protection for drug users? I hope they extend just as much effort to all areas of fraud then.

This law is found in the "Public Health" law in New York (They divide their laws by topic), rather than the "Penal Law" portion but it's still a criminal offense. It's designed to protect the user because some of the fake substances are more harmful than the actual drug (ie, selling rat poison as cocaine). By the way, I made a mistake, it's not a felony on its face. Rather, it's a misdemeanor on the first offense, and a felony if you are caught a second time within ten years.

This specific law is not about possessing a fake substance, it's about selling it. Another interesting thing is that the punishment for selling fake drugs is potentially more severe than selling real drugs. For example, marijuana selling up to a certain point is a misdemeanor under the penal law, but selling oregano in any amount would fall under the public health law.

(yes, I am a lawyer who happens to be living with a criminal defense attorney)

[MizzouRah]

Holding a Pepsi is being in "possession" of sugar. The rule on the books isn't about possessing sugar then right? The kid got into hot water for pretending to sell fake narcotics. Obviously you don't believe that it's illegal to possess sugar is the rule on the books. :)
Exactly. It doesn't take a rocket scientist to know that a 12 year old knows what would happen if he acted like he had narcotics. This probably isn't the first time this kid has been in trouble either.

[WVUFAN]

One would think the school would have better things to do than persecute a kid for possession of sugar.

It shouldn't matter what the intent was, the fact is he didn't possess anything illegal. If you're stupid enough to purchase sugar thinking it's cocaine, you deserve to get your money taken from you.

Hell, stuff like this should be applauded, rather than persecuted.

[MizzouRah]

Hell, stuff like this should be applauded, rather than persecuted.
Yeah, I want my kid to take powerded sugar to school in a baggie and act like she's selling coke to friends. :rolleyes:

[Dutch]

Dutch, you contradicted yourself. I brought up examples of laws that are actually on the books. In your post you said it didn't matter pro or con if it was a good law or not, it was a law and the price needed to be paid. Then you state that the laws I brought up were bad laws, even though they are on the books and legally enforceable. They are connected in the fact that they are all legally enforceable laws.

I never said they were good or bad laws. I said they were relevant/irrelevant laws. For example, I'd like to see somebody get in trouble for whale hunting in Utah (no whales in Utah) or flying bi-planes in Prussia (No Prussia).

Pretending to sell fake narcotics is actually something that can happen in 2006, therefore it's somewhat relevant to a kid pretending to sell narcotics in school.

[WVUFAN]

Yeah, I want my kid to take powerded sugar to school in a baggie and act like she's selling coke to friends. :rolleyes:
Well, if kid's friends are willing to buy cocaine, I want to know, and I'd much rather have him do that and find out who would be willing to buy than not. It's a good tool to find out if any of your kid's buddies are druggies.

Plus, it's a prank. We did tons while we were in school. No harm is done in this prank, other than making a druggie look like an idiot.

[tucker342]

Maybe I missed it, but at no point in the article did it mention that he was trying to sell it... all it says is that he showed it to some friends and when asked if it was cocaine he jokingly said yes. Yeah what he did was stupid as shit, but was it really necessary for the school to call the police on him?

[cartman]

I never said they were good or bad laws. I said they were relevant/irrelevant laws. For example, I'd like to see somebody get in trouble for whale hunting in Utah (no whales in Utah) or flying bi-planes in Prussia (No Prussia).

But if a law is on the books, who are you to say if it is revelant or irrevelant? That was my point. If it is on the books, then by its nature, a law part of the legal landscape.

You were the one that brought up the point that this isn't a referendum on what should or shouldn't be a law, it was on the books and should be treated as such. I was pointing out that there are other laws, that going by the books, would have to be treated as such by your arguement.

[Izulde]

Unbelievable. It's bullshit like this that makes me want to move out of this anal retentive country of ours.

[KWhit]

I was in a meeting a few days ago where someone was talking about the Cheney hunting accident and joked he'd like to go hunting quail with Bush so he could shoot him.

Maybe it was because no one ever scared him straight as a kid.
What in the world kind of meeting was that?

[Neon_Chaos]

Did he try to sell it? I thought he just showed his friends the packet, was asked if it was cocaine, said yes, and then said that he was only kidding.

[Jesse_Ewiak]

Most likely close to RL transcript of the kids conversation

Friend 1: What ya' got dude, some cocaine?
Kid: Of course, want to buy some? I need lunch money.

They all laugh.

Kid: Really, some sugar for a dumb science project.

Jesus, sometimes I think some of the board were never kids.

[mgadfly]

Never mind

[MizzouRah]

Well, if kid's friends are willing to buy cocaine, I want to know, and I'd much rather have him do that and find out who would be willing to buy than not. It's a good tool to find out if any of your kid's buddies are druggies.

Plus, it's a prank. We did tons while we were in school. No harm is done in this prank, other than making a druggie look like an idiot.
The first part is quite funny and the second part, well, I never did any prank that had to do with the faking of drugs. We soaped cars, put tide on peoples lawns, played mail box baseball, but never tried to act like powdered sugar was cocaine.

It was harsh to treat it as they did, but I can see why it happened.

[Tekneek]

The first part is quite funny and the second part, well, I never did any prank that had to do with the faking of drugs. We soaped cars, put tide on peoples lawns, played mail box baseball, but never tried to act like powdered sugar was cocaine.

It was harsh to treat it as they did, but I can see why it happened.

Mailbox baseball is a real crime and much more serious than pretending sugar is cocaine. Not only are the property owners having to repair/replace the mailboxes, but legally they are federal property and playing 'baseball' with them is interfering with the timely delivery of US mail. Are you trying to say that is less of a crime than pretending you have drugs?

[MizzouRah]

Mailbox baseball is a real crime and much more serious than pretending sugar is cocaine. Not only are the property owners having to repair/replace the mailboxes, but legally they are federal property and playing 'baseball' with them is interfering with the timely delivery of US mail. Are you trying to say that is less of a crime than pretending you have drugs?
I knew a post like this would follow. NO, I'm not saying any of that is an "OK" thing to do or more of less of a crime. I knew what would happen if we got caught and so did the boy who got caught doing what he did. If you do something "stupid" there is a chance you're going to get in real trouble. We didn't worry about drugs as they were not as prevalent as they are today, that's all.

It's a moot point. There was a rule about fake drugs and the kid got caught.

[Tekneek]

I knew a post like this would follow. NO, I'm not saying any of that is an "OK" thing to do or more of less of a crime. I knew what would happen if we got caught and so did the boy who got caught doing what he did. If you do something "stupid" there is a chance you're going to get in real trouble. We didn't worry about drugs as they were not as prevalent as they are today, that's all.

It's a moot point. There was a rule about fake drugs and the kid got caught.

I don't think the two even compare. Mailbox baseball destroys property, while joking that you have cocaine in a bag hurts nobody and doesn't destroy anything.

EDIT... And the issue is not whether it violated a school rule, as far as I am concerned. It is about the police coming in and treating him like a criminal for it. If he had been disciplined by the school under school rules and given detention, or even suspension, it would be a bit different.

[MizzouRah]

I don't think the two even compare. Mailbox baseball destroys property, while joking that you have cocaine in a bag hurts nobody and doesn't destroy anything.

EDIT... And the issue is not whether it violated a school rule, as far as I am concerned. It is about the police coming in and treating him like a criminal for it. If he had been disciplined by the school under school rules and given detention, or even suspension, it would be a bit different.
I agree the punishment is harsh, but as he found out, that is a "zero" tolerance policy at that school.

[Mustang]

First you get the sugar...

Then you get the power...

Then you get the women.

[Rizon]

Geeze, what happened to the days when we use to bring REAL cocaine to school and pass it off for sugar.

[Mustang]

dola

I'd like to know what constitutes somethings being a look a like. Is it just the mere presence of something that could be a drug or misconstrued as a drug? I mean, could someone see a kid with a rock crystal candy, run to the police and claim the kid has crack? It would be an extremely broad law that it is illegal to possess something that even appears to be a drug..

[Tekneek]

It would be an extremely broad law that it is illegal to possess something that even appears to be a drug..

Under Illinois law, I'm not even sure it must resemble the "controlled substance" as long as you represent it as such...

(y) "Look‑alike substance" means a substance, other than a controlled substance which (1) by overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance, or (2) is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this clause (2) of subsection (y), the court or other authority may consider the following factors in addition to any other factor that may be relevant:
(a) statements made by the owner or person in control

of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that

the substance may be resold for profit;
(c) whether the substance is packaged in a manner

normally used for the illegal distribution of controlled substances;
(d) whether the distribution or attempted

distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

[JW]

Here is what actually seems to have happened.

1. The kid brought a white powdery substance to school and made some statement to other kids about it being cocaine.

2. A school employee overheard the comments and reported the incident.

3. The kid was detained by school officials and found to have a white powdery substance in his possessions.

4. They called the police and reported the incident.

5. The police came and took the kid in custody for a possible crime of trying to sell a look-alike drug.

6. The kid was suspended for violating school rules on look-alike drugs.

The account of what happened in the restroom comes entirely from the child and his mom, according to the story. But that is just their side of the story, and their side probably differs substantially from what the custodian claims to have heard.

I think under the circumstances the school officials and police acted reasonably. I suspect the charges will be dropped.

Anyone who thinks look-alike drugs can't cause problems is naive. People have been killed over look-alike drugs. And in a school situation, someone claiming to have drugs for sale can create a disruption.

[Barkeep49]

This kid would likely have never been charged with a felony in my Chicago suberb, knowing the two detectives who could possibly handle the case. It seems like police overacting in order to make their point, except in the worse case scenario (where the kid is reputed or known to be a drug user).

Frankly I hope the charges aren't dropped, but instead he goes through some sort of alternative juvenile justice program, as there should be consequences I think for his foolishness.

[Tekneek]

Anyone who thinks look-alike drugs can't cause problems is naive. People have been killed over look-alike drugs. And in a school situation, someone claiming to have drugs for sale can create a disruption.

I am interested in all the data regarding 12 year olds being killed in school restrooms over look-alike drugs.

EDIT...and for the record, I have less of a problem with it being against school rules because of any possible distractions it could pose. I do still have a hard time accepting it as a crime, though. And if somebody kills another person over a look-alike drug, that is when a crime has been committed. It is the murder of them, not the look-alike drug, that is the criminal behavior.

[Rockstar]

It just depends on the school. In some schools the kid would have been beaten or killed for the Sugar.

[Tekneek]

It just depends on the school. In some schools the kid would have been beaten or killed for the Sugar.

How easy is it to get this data? Or even one news story on the web of this happening for starters?

[Rockstar]

I dont know how to get that data but I do know that about 15 years ago there was a kid at the local grade school who was beaten up for his bag full of Jolly Ranchers. Tragic.

[GrantDawg]

How easy is it to get this data? Or even one news story on the web of this happening for starters?

I don't know how easy it is to get this data, but I know personally of two times where fake drugs caused injuries to students at my highschool. Once a kid sold a white powder feterlizer as cocaine to three students, and they all ended up in the hospital with one nearly dieing. Another time a kid I knew sold oregeno as pot and got beaten nearly to death by two guys with a bat. I doubt those are the only incidents that ever happened (and those 20 years ago), hence the law. I don't know if it is worth a felony (unless there was an injury), but it is worthy of a law.

[JW]

I am interested in all the data regarding 12 year olds being killed in school restrooms over look-alike drugs.

EDIT...and for the record, I have less of a problem with it being against school rules because of any possible distractions it could pose. I do still have a hard time accepting it as a crime, though. And if somebody kills another person over a look-alike drug, that is when a crime has been committed. It is the murder of them, not the look-alike drug, that is the criminal behavior.

:rolleyes:

[Airhog]

I don't know how easy it is to get this data, but I know personally of two times where fake drugs caused injuries to students at my highschool. Once a kid sold a white powder feterlizer as cocaine to three students, and they all ended up in the hospital with one nearly dieing. Another time a kid I knew sold oregeno as pot and got beaten nearly to death by two guys with a bat. I doubt those are the only incidents that ever happened (and those 20 years ago), hence the law. I don't know if it is worth a felony (unless there was an injury), but it is worthy of a law.


yeah but only the first one is really a problem. The second one, is not so much of a problem IMO.

[Tekneek]

I don't know how easy it is to get this data, but I know personally of two times where fake drugs caused injuries to students at my highschool. Once a kid sold a white powder feterlizer as cocaine to three students, and they all ended up in the hospital with one nearly dieing. Another time a kid I knew sold oregeno as pot and got beaten nearly to death by two guys with a bat. I doubt those are the only incidents that ever happened (and those 20 years ago), hence the law. I don't know if it is worth a felony (unless there was an injury), but it is worthy of a law.

For real? I can only see the need for this to be a law if those drugs were legal. My opinion is that you should be prepared to get hosed if you're trying to buy contraband.