TITLE 40. PUBLIC HEALTH AND SAFETY

CHAPTER 4. FOOD AND DRUGS

PART I. ADULTERATION, SUBSTITUTION, MISBRANDING, OR FALSE ADVERTISING

40:617.1        Distribution of imitation controlled dangerous substances to a person under eighteen

 A. A person eighteen years of age or over shall not knowingly or intentionally distribute or possess with intent to distribute an imitation controlled dangerous substance representing it to be a controlled dangerous substance to a person under eighteen years of age.

 B. A person eighteen years of age or over shall not knowingly or intentionally distribute or possess with intent to distribute an imitation controlled dangerous substance intending it to be used or distributed as a controlled dangerous substance or under circumstances in which the person has reasonable cause to believe that the imitation controlled dangerous substance will be used or distributed for use as a controlled dangerous substance.

 C. "Imitation controlled dangerous substance" means a substance that is a noncontrolled substance, but which by appearance or operation, including color, shape, size, markings, or packaging, or by representations made, or by its pharmacological effect, would lead a reasonable person to believe that the substance is a controlled dangerous substance.

 D. It is not a defense that the accused believed the imitation controlled dangerous substance to be a controlled dangerous substance.

 E. Whoever commits the crime of distribution of an imitation controlled dangerous substance to a person under eighteen shall be imprisoned with or without hard labor for not more than five years and may be fined not more than five thousand dollars.

Added by Acts 1992, No. 1059, Sec.1. Amended by Acts 1993, No. 154, Sec.1.