Factual impossibility is the issue.
I handled a case just like this, except my client was trying to sell baby powder as cocaine. I would need to know more facts, but you could be charged if there are other indicia of intent to conduct sales, such as a scale, a pay-owe sheet, a phone with text messages showing texts setting up sales, a large amount of cash on hand.
I would need more facts to tell you if such a case is truly factually impossible to prove or if you have problems.
FYI - if you are trying to pass off baking soda with Tylenol and codeine as meth, you are putting your life in jeopardy. One unhappy customer could become extremely unhappy and you'll wish you had been thrown in prison earlier. Sales of something that is not meth is perhaps more stupid than using meth.
The key issues are likely to be intent and whether or not money exchanged hands. Since those factors and additional factors are missing I recommend that you contact an attorney in your area for a free consultation. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Mr. Hill has responded. Obviously you were not selling meth- but the might be other facts that you intended to engage in criminal activity. You need an attorney to deal with this, and try to minimize the charges as much as possible .
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
You cannot legally be charged with attempting to sell drugs when, in fact, the items that were attempting to be sold was baking soda. You should immediately have your attorney set this matter for preliminary hearing and force the criminalist to take the stand and testify that the alleged drugs is not an illegally possessed controlled substance. Your case should be dismissed and should have never been filed.
The police will have the lab test the substance. It will be argued that the baking soda was "filler" for whatever it was you were making. There were still drugs in it so they will amend the complaint for the correct drug possession and sales. I've dealt with meth cases before where the amount or the substance was wrong and was able to get it reduced to straight possession and then to a misdemeanor H&S Code. You need an attorney in your area. LAW OFFICES OF VICTORIA CLEMANSJ
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.