§329C-1 - Definitions.

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

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

“Distribute” means the actual, constructive, or
attempted transfer, delivery, or dispensing to another of an imitation
controlled substance.

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

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

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

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

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

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

(6)  The proximity of the substances to controlled
substances.

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