The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases. 

It’s usually in the context of a controlled buy from an informant who is trying to work off a collar.

The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough.

That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive!

But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused and later reappropriates any of those drugs.

The State must produce evidence to rebut the claim of “take-back” entrapment.  If the State fails to rebut the elements, then the court will dismiss as a matter of law.  Alternatively, if there is a sufficient rebuttal evidence, then the matter will be submitted to the jury.

Properly raised and litigated, the defense can produce a NFG verdict. 

Think you may have a “take-back” entrapment defense?  Call the drug defense attorneys at GRL Law at 515-461-7919 or email Colin Murphy at for a consultation.