124A.3 FACTORS INDICATING AN IMITATION CONTROLLED
SUBSTANCE.
When a substance has not been designated as an imitation
controlled substance by the board of pharmacy and when dosage unit
appearance alone does not establish that a substance is an imitation
controlled substance, the following factors may be considered in
determining whether the substance is an imitation controlled
substance:
1. The person in control of the substance expressly or impliedly
represents that the substance has the effect of a controlled
substance.
2. The person in control of the substance expressly or impliedly
represents that the substance because of its nature or appearance can
be sold or delivered as a controlled substance or as a substitute for
a controlled substance.
3. The person in control of the substance either demands or
receives money or other property having a value substantially greater
than the actual value of the substance as consideration for delivery
of the substance.
Section History: Early Form
[82 Acts, ch 1147, § 6]
Section History: Recent Form
C83, § 204A.3
C93, § 124A.3
2007 Acts, ch 10, §15