13-3452. Effect of representations made in
construing status of certain substances whose origin is
uncertain
A. If a dosage unit is in the form of a powder or liquid or if the appearance of a
dosage unit is not otherwise reasonably sufficient to establish that a substance is an
imitation controlled substance, imitation prescription-only drug or imitation
over-the-counter drug, the representations made in connection with the substance or drug
shall be considered in addition to all other logically relevant factors in determining
whether the substance or drug is an imitation controlled substance, imitation
prescription-only drug or imitation over-the-counter drug.
B. For the purposes of this section, representations made in connection with any
substance or drug whose status is uncertain include:
1. Statements made by an owner or by anyone else in control of the substance or
drug concerning the nature of the substance or drug, or its use or effect.
2. Statements made to the recipient of the substance or drug that the substance or
drug may be resold for inordinate profit.
3. Whether the substance or drug is packaged in a manner normally used for
imitation controlled substances, imitation prescription-only drugs or imitation
over-the-counter drugs.
4. Evasive tactics or actions utilized by the owner or person in control of the
substance or drug to avoid detection by law enforcement agencies.
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