218A.350 Prohibited practices concerning substances that simulate controlled
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/ky/218a-350A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
substances -- Penalties.
(1)No person shall sell or transfer any substance, other than a controlled substance,
with the representation or upon creation of an impression that the substance which
is sold or transferred is a controlled substance.
(2)No person shall possess for sale or transfer any substance designed in any manner,
including but not limited to design of the item or its container, markings, or color,
to simulate a controlled substance.
(3)No person shall possess for sale or transfer any substance, not covered by
subsection
(2)of this section which is not a controlled substance with the
representation or upon the creation of an impression that the substance held for sale
or transfer is a controlled substance.
(4)No person shall manufacture, package, repackage, advertise, or mark any substance,
which is not a controlled substance, in such a manner as to resemble a controlled
substance, for the purpose of creating the impression that the substance is a
controlled substance.
(5)For the purpose of determining whether this section has been violated, the court or
other authority shall include in its consideration the following:
(a)Whether the noncontrolled substance was packaged in a manner normally
used for the illegal sale of controlled substances;
(b)Whether the sale or attempted sale included an exchange of or demand for
money or other property as consideration, and whether the amount of the
consideration was substantially greater than the reasonable value of the
noncontrolled substance.
(c)Whether the physical appearance of the noncontrolled substance is
substantially identical to that of a controlled substance.
(6)In any prosecution brought under this section, it is not a defense to a violation of
this section that the defendant believed the noncontrolled substance to actually be a
controlled substance.
(a)Any person who violates any of the provisions of this section shall be guilty of
a Class A misdemeanor for the first offense and a Class D felony for
subsequent offenses.
(b)In lieu of the fine amounts otherwise allowed under KRS Chapter 534, for any
offense under this subsection the court may impose a maximum fine of double
the defendant's gain from the commission of the offense, in which case any
fine money collected shall be divided between the same parties, in the same
ratio, and for the same purposes as established for forfeited property under
KRS 218A.420.
(c)It shall be an affirmative defense to an offense under this subsection that the
defendant committed the offense during the course of the defendant's
employment as an employee of a retail store and that the defendant did not
know and should not have known that the trafficked substance was a synthetic
drug.