19-03.2 Imitation Controlled Substances
Download pdf
Loading PDF...
<![CDATA[CHAPTER 19-03.2IMITATION CONTROLLED SUBSTANCES19-03.2-01. Definitions.1."Controlled substance" means a substance as defined in section 19-03.1-01.2."Distribute" means the actual, constructive, or attempted transfer, delivery, or<br>dispensing to another of an imitation controlled substance.3."Imitation controlled substance" means a substance that is not a controlled<br>substance, but which by appearance, including color, shape, size, markings, or<br>packaging, or by representations made, would lead a reasonable person to believe<br>that the substance is a controlled substance.4."Manufacture"meansproducing,preparing,compounding,processing,encapsulating, packaging, repackaging, labeling, or relabeling of an imitation<br>controlled substance.19-03.2-02. Determination of imitation controlled substance. When the appearanceof the dosage unit is not reasonably sufficient to establish that the substance is an "imitation<br>controlled substance" as in the case of a powder or a liquid substance, the court or authority<br>concerned should consider, in addition to all other logically relevant factors, all of the following<br>factors as related to "representations made" in determining whether the substance is an<br>"imitation controlled substance":1.Statements made by an owner or by anyone else in control of the substance<br>concerning the nature of the substance or its use or effect.2.Statements made to the recipient that the substance may be resold for inordinate<br>profit.3.Whether the substance is packaged in a manner normally used for illicit controlled<br>substances.4.Evasive tactics or actions utilized by the owner or person in control of the substance<br>to avoid detection by law enforcement authorities.5.Prior convictions, if any, of an owner, or anyone in control of the object, under state<br>or federal law related to controlled substances, imitation controlled substances, or<br>fraud.6.The proximity of the substances to controlled substances.19-03.2-03. Prohibited acts - Penalties - Exception.1.It is a class C felony for any person to manufacture, distribute, or possess with intent<br>to distribute, an imitation controlled substance.2.It is a class C felony for a person to place in any newspaper, magazine, handbill, or<br>other publication, or to post or distribute in any public place, any advertisement or<br>solicitation with reasonable knowledge that the purpose of the advertisement or<br>solicitation is to promote the distribution of imitation controlled substances.3.It is a class B misdemeanor for a person to use, or to possess with intent to use, an<br>imitation controlled substance.Page No. 14.It is not a defense that the defendant believed the substance actually to be a<br>controlled substance.5.No civil or criminal liability may be imposed by virtue of this chapter on any person<br>registered under chapter 19-03.1 who manufactures, distributes, or possesses an<br>imitation controlled substance for use as a placebo by a registered practitioner in the<br>course of professional practice or research.Page No. 2Document Outlinechapter 19-03.2 imitation controlled substances]]>