A 23-year-old resident of Tel Aviv was arrested in the southern city of Eilat earlier this month after allegedly selling what he claimed was cocaine to an undercover police officer — only for it to be revealed as ordinary sugar.
The man was held in custody for nearly two weeks before being released under restrictive conditions. Police maintain that despite the substance not being an illegal drug, the suspect committed a criminal offense by accepting money under false pretenses and attempting to sell what was believed to be cocaine.
The incident occurred in early January when the suspect allegedly sold 1.66 grams of what he claimed was cocaine to a plainclothes officer. Police also said he was found in possession of marijuana. The man was arrested on suspicion of drug trafficking, possession of illegal substances not for personal use and fraud. He was brought before a judge four times as police sought to extend his detention.
Police representative Moshe Nissim told the court that while the substance was not an actual drug, “had it been a civilian and not a police officer, that person would have taken the drug expecting its effects and not received the desired high. The suspect didn’t know it was an officer, and the payment was made for cocaine. There’s no dispute that the deal was for cocaine. The money exchanged hands for cocaine. If it had been a regular citizen, they’d be left with no high — just a sugar packet. The offense still stands.”
Police acknowledged that the case raises legal questions and said it is currently under review by the prosecution.
The suspect’s attorney, Koby Balaban of the Public Defender’s Office, argued for immediate release, claiming that no criminal offense had been committed. He said the basic legal elements required for the charges were not present and therefore there was no basis for the detention.
The Eilat Magistrate’s Court ultimately ordered the suspect’s release under the condition that he stay away from the city.
“This young man was held in custody for 13 days on suspicion of drug trafficking despite the fact that he sold only sugar,” said Balaban. “He stated this clearly from the first interrogation. It was only after lab results confirmed the substance was not cocaine that it became clear no offense was committed. This unnecessary arrest could have been avoided with a simple field test or by speeding up lab procedures.”