§ 13-3452 — Effect of representations made in construing status of certain substances whose origin is uncertain

A. If a dosage unit is in the form of a powder or liquid or if the appearance of a dosage unit is not otherwise reasonably sufficient to establish that a substance is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug, the representations made in connection with the substance or drug shall be considered in addition to all other logically relevant factors in determining whether the substance or drug is an imitation controlled substance, imitation prescription-only drug or imitation over-the-counter drug.

B. For the purposes of this section, representations made in connection with any substance or drug whose status is uncertain include:

1. Statements made by an owner or by anyone else in control of the substance or drug concerning the nature of the substance or drug, or its use or effect.

2. Statements made to the recipient of the substance or drug that the substance or drug may be resold for inordinate profit.

3. Whether the substance or drug is packaged in a manner normally used for imitation controlled substances, imitation prescription-only drugs or imitation over-the-counter drugs.

4. Evasive tactics or actions utilized by the owner or person in control of the substance or drug to avoid detection by law enforcement agencies.