(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:
(I) A level 4 drug felony.
(II) (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.)
(3) (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.
(4) It is not a defense to a violation of this section that the defendant
believed that the imitation controlled substance was a genuine controlled
substance.
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.
