As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CONTROLLED SUBSTANCE. A substance as defined in Section 20-2-2.
(2) IMITATION CONTROLLED SUBSTANCE. A substance, other than a legend controlled drug, that is not a controlled substance, which by dosage unit appearance (including color, size, shape, and markings), and by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In the cases where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example as in the case of a powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an "imitation controlled substance":
a. Statements made by the owner or anyone else in control of the substance concerning the nature of the substance, its use or effect.
b. Statements made to the recipient that the substance may be resold for an inordinate profit.
c. Whether the substance is packaged in a manner normally used for illicit controlled substances.
d. Evasive tactics or actions utilized by the owner or person in control of this substance to avoid detection by law enforcement authorities.
e. Prior convictions, if any, of an owner or anyone in control of the substance, under state or federal law related to controlled substances or fraud.
f. The proximity of the substances to controlled substances.
(3) DISTRIBUTE. The actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.
(4) MANUFACTURE. The production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling, or relabeling of an imitation controlled substance.
Last modified: May 3, 2021