18-18-421. Imitation controlled substances - determination - considerations.
141 words·~1 min read·
/co/title-18-criminal-code/article-18-uniform-controlled-substances/18-18-421·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:
(a)Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;
(b)Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;
(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 the substance to avoid detection by law enforcement authorities;
(e)The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.