As used in sections 18-18-419 to 18-18-424, unless the context otherwise requires:
(1) Controlled substance shall have the same meaning as set forth in section 18-18-102 (5).
(2) Distribute means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance, with or without remuneration.
(3) Imitation controlled substance means a substance that is not the controlled substance that it is purported to be but which, by appearance, including color, shape, size, and markings, by representations made, and by consideration of all relevant factors as set forth in section 18-18-421, would lead a reasonable person to believe that the substance is the controlled substance that it is purported to be.
(4) Manufacture means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, or labeling or relabeling of an imitation controlled substance.
Source: L. 92: Entire article R&RE, p. 373, � 1, effective July 1.
18-18-421. Imitation controlled substances - determination - considerations. (1) In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:
(a) Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;
(b) Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances;
(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(e) The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.
Source: L. 92: Entire article R&RE, p. 373, � 1, effective July 1.