Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification

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13-3455. Manufacture or distribution of imitation over-the-counter drug; prohibited acts; classification

A. It is unlawful for any person to manufacture, distribute or possess with intent to distribute an imitation over-the-counter drug.

B. It is no defense to prosecution under this section that the defendant believed the imitation over-the-counter drug to be a legitimate over-the-counter drug.

C. Any person who violates subsection A by the manufacture, distribution or possession of with intent to distribute an imitation over-the-counter drug is guilty of a class 6 felony.

D. A person of the age of eighteen years or older who violates subsection A with respect to any person under the age of eighteen years is guilty of a class 5 felony.


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