Where was this? I'm pretty certain in most places you have to be in possession of drugs (at & prior to the time of the sale) to be convicted for selling drugs.
I hate to say this but... link?
Hell... I'll dig it up myself.
http://www.newsnet5.com/news/2523587/detail.html
Ok, This is in Ohio, where the law does differentiate between real drugs and "counterfeit controlled substances".
He's guilty, and he's being sentenced with the wrong crime. The established sentence in Ohio for dealing fake drugs is 1 year.
This is really just a case of sloppy interpretation of the law, although it will be interesting to see whether or not his appeal makes any difference. I hope it does, since selling fake drugs isn't exactly the same as selling real drugs. I believe selling fake drugs does deserve some punishment, however. The products fake dealers sell is often just as potentially fatal to the addicts as the real thing. Real drugs are also supposed to be illegal because they're potentially fatal, and I don't thinking snorting lines of baking soda is healthy for you. Fake drug dealers are also technically con-artists, and I know fraud is illegal, but that's a whole other can of worms.