13-3451

13-3451. Definitions

In this chapter, unless the context otherwise requires:

1. "Controlled substance" means a drug, substance or immediate precursor in
schedules I through V of title 36, chapter 27, or a dangerous drug or a narcotic drug
listed in section 13-3401.

2. "Counterfeit preparation" means a preparation that has an appearance which
imitates another preparation but that, in fact, is a different preparation.

3. "Distribute" means the actual, constructive or attempted transfer, delivery or
sale of, or dispensing to another of, an imitation controlled substance, imitation
prescription-only drug or imitation over-the-counter drug.

4. "Imitation controlled substance" means a drug, substance or immediate precursor
which does or does not contain a controlled substance that by texture, consistency or
color or dosage unit appearance as evidenced by color, shape, size or markings, apart
from any other representations, packaging or advertisements, would lead a reasonable
person to believe that the substance is a controlled substance but it is a counterfeit
preparation.

5. "Imitation over-the-counter drug" means an imitation of a nonprescription drug
as defined in section 32-1901 that by texture, consistency or color or dosage
unit appearance as evidenced by color, shape, size or markings, apart from any other
representations, packaging or advertisements, would lead a reasonable person to believe
that the substance is an over-the-counter drug.

6. "Imitation prescription-only drug" means a drug, substance or immediate
precursor which does or does not contain a prescription-only drug as defined by section
32-1901 that by texture, consistency or color or dosage unit appearance as evidenced by
color, shape, size or markings, apart from any other representations, packaging or
advertisements, would lead a reasonable person to believe that the substance is a
prescription-only drug but it is a counterfeit preparation.

7. "Manufacture" means the production, preparation, compounding, processing,
encapsulating, packaging or repackaging, or labeling or relabeling of an imitation
controlled substance, imitation prescription-only drug or imitation over-the-counter
drug.

8. "Placebo" means an inactive substance or preparation used in controlled studies
to determine the effectiveness of medicinal substances or used to please or gratify a
physician's patient.