§329C-1 - Definitions.

[§329C-1]  Definitions.  Whenever usedin this chapter, unless the context otherwise requires:

“Controlled substance” means a substance asdefined in section 329-1.

“Distribute” means the actual, constructive, orattempted transfer, delivery, or dispensing to another of an imitationcontrolled substance.

“Imitation controlled substance” means asubstance that is not a controlled substance, which by dosage unit, appearance(including color, shape, size, and markings), or by representations made, wouldlead a reasonable person to believe that the substance is a controlledsubstance.  In any case when the appearance of the dosage unit is notreasonably sufficient to establish that the substance is an “imitationcontrolled substance” (for example in the case of powder or liquid), the courtor authority concerned shall consider, in addition to all other logicallyrelevant factors, the following factors as related to representations made indetermining whether the substance is an imitation controlled substance:

(1)  Statements made by an owner or by anyone else incontrol of the substance concerning the nature of the substance, or its use oreffect;

(2)  Statements made to the recipient that thesubstances may be resold for inordinate profit;

(3)  Whether the substance is packaged in a mannernormally used for illicit controlled substances;

(4)  Evasive tactics or actions utilized by the owneror person in control of the substance to avoid detection by law enforcementauthorities;

(5)  Prior convictions, if any, of an owner, or anyonein control of the object, under state or federal law related to controlledsubstances or fraud; and

(6)  The proximity of the substances to controlledsubstances.

“Manufacture” means the production,preparation, or repackaging, labeling, or relabeling, of an imitationcontrolled substance. [L 1984, c 222, pt of §1]