§ 19-03.2-02 — Determination of imitation controlled substance

North Dakota § 19-03.2-02

• Jurisdiction: North Dakota
• Title 19: Foods, Drugs, Oils, and Compounds
• Ch. 19-03.2: Imitation Controlled Substances

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When the appearance of the dosage unit is not reasonably sufficient to establish that the
substance is an "imitation controlled substance" as in the case of a powder or a liquid
substance, the court or authority concerned should consider, in addition to all other logically
relevant factors, all of the following factors as related to "representations made" in determining
whether the substance is an "imitation controlled substance":
1. Statements made by an owner or by anyone else in control of the substance
concerning the nature of the substance or its use or effect.
2. Statements made to the recipient that the substance may be resold for inordinate
profit.
3. Whether the substance is packaged in a manner normally used for illicit controlled
substances.
4. Evasive tactics or actions utilized by the owner or person in control of the substance to
avoid detection by law enforcement authorities.
5. Prior convictions, if any, of an owner, or anyone in control of the object, under state or
federal law related to controlled substances, imitation controlled substances, or fraud.
6. The proximity of the substances to controlled substances.