Imitation controlled substances - violations - penalties.

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(1) (a) Except as provided in section 18-18-424, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

(b) A person who violates the provisions of paragraph (a) of this subsection (1) commits:

  1. A level 4 drug felony.

  2. (Deleted by amendment, L. 2013.)

(2) (a) If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.

(b) (Deleted by amendment, L. 2013.)

  1. (a) It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.

(b) A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.

  1. It is not a defense to a violation of this section that the defendant believed that theimitation controlled substance was a genuine controlled substance.

Source: L. 92: Entire article R&RE, p. 374, § 1, effective July 1. L. 2013: (1), (2), and (3) amended, (SB 13-250), ch. 333, p. 1923, § 26, effective October 1.


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