(a) Except as authorized by this chapter, it is unlawful for any person to possess with the purpose to deliver, deliver, or manufacture a counterfeit substance. Purpose to deliver may be shown by any of the following factors:
(1) The person possesses the means to weigh, separate, or package a counterfeit substance;
(2) The person possesses a record indicating a drug-related transaction;
(3) The counterfeit substance is separated and packaged in a manner to facilitate delivery;
(4) The person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the counterfeit substance;
(5) The person possesses at least two (2) other controlled substances or counterfeit substances in any amount; or
(6) Other relevant and admissible evidence that contributes to the proof that a person's purpose was to deliver a counterfeit substance.
(b) Any person who violates this section with respect to:
(1) A counterfeit substance purporting to be a Schedule I or Schedule II controlled substance upon conviction is guilty of a Class C felony;
(2) A counterfeit substance purporting to be a Schedule III controlled substance upon conviction is guilty of a Class D felony; or
(3) A counterfeit substance purporting to be a Schedule IV, Schedule V, or Schedule VI controlled substance or that is not classified as a scheduled controlled substance upon conviction is guilty of a Class A misdemeanor.
Section: Previous 5-64-431 5-64-432 5-64-434 5-64-435 5-64-436 5-64-438 5-64-439 5-64-440 5-64-441 5-64-442 5-64-443 5-64-444 5-64-445 5-64-446 NextLast modified: November 15, 2016