21-36a14. Unlawful representation that noncontrolled substance is controlled substance.
21-36a14
21-36a14. Unlawful representation that noncontrolledsubstance is controlled substance.(a) It shall be unlawful for any person to distribute orpossess with theintent to distribute any substance which is not a controlled substance:
(1) Upon an express representation that the substance is a controlledsubstance or that thesubstance is of such nature or appearance that the recipient will be able todistribute thesubstance as a controlled substance; or
(2) under circumstances which would give a reasonable person reason tobelieve that the substance is a controlled substance.
(b) Violation of subsection (a) is a class A nonperson misdemeanor,except thatviolation of subsection (a) is a nondrug severity level 9, nonpersonfelony if the distributoris 18 or more years of age, distributing to a person under 18 years of age andat least three years older than the person under 18 years of age towhom the distributionis made.
(c) If any one of the following factors is established, there shall be apresumption thatdistribution of a substance was under circumstances which would give areasonableperson reason tobelieve that a substance is a controlled substance:
(1) The substance was packaged in a manner normally used for the illegaldistribution ofcontrolled substances;
(2) the distribution of the substance included an exchange of or demand formoneyor otherconsideration for distribution of the substance and the amount of theconsiderationwas substantiallyin excess of the reasonable value of the substance; or
(3) the physical appearance of the capsule or other material containing thesubstance issubstantially identical to a specific controlled substance.
History: L. 2009, ch. 32, § 14; July 1.