(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.
ANNOTATION
Legislative intent of "purported" in § 18-18-420. The general assembly intended the term "purported", as applied in § 18-18-420, to refer to the circumstances surrounding defendant's conduct. Based on the substance's appearance by a representation made and by consideration of all relevant factors as set out in this section, a reasonable person would believe the substance to be a controlled substance. There is no requirement, therefore, that a defendant knowingly purport the substance to be a controlled substance. People v. Taylor, 131 P.3d 1158 (Colo. App. 2005).