218A.350 Prohibited practices concerning substances that simulate controlled
substances -- Penalties.
(1) No person shall sell or transfer any substance, other than a controlled substance,
with the representation or upon creation of an impression that the substance which <br>is sold or transferred is a controlled substance.
(2) No person shall possess for sale or transfer any substance designed in any manner,
including but not limited to design of the item or its container, markings, or color, <br>to simulate a controlled substance.
(3) No person shall possess for sale or transfer any substance, not covered by
subsection (2) of this section which is not a controlled substance with the <br>representation or upon the creation of an impression that the substance held for sale <br>or transfer is a controlled substance.
(4) No person shall manufacture, package, repackage, advertise, or mark any substance,
which is not a controlled substance, in such a manner as to resemble a controlled <br>substance, for the purpose of creating the impression that the substance is a <br>controlled substance.
(5) For the purpose of determining whether this section has been violated, the court or
other authority shall include in its consideration the following: <br>(a) Whether the noncontrolled substance was packaged in a manner normally
used for the illegal sale of controlled substances;
(b) Whether the sale or attempted sale included an exchange of or demand for
money or other property as consideration, and whether the amount of the <br>consideration was substantially greater than the reasonable value of the <br>noncontrolled substance.
(c) Whether the physical appearance of the noncontrolled substance is
substantially identical to that of a controlled substance.
(6) In any prosecution brought under this section, it is not a defense to a violation of
this section that the defendant believed the noncontrolled substance to actually be a <br>controlled substance.
(7) Any person who violates any of the provisions of this section shall be guilty of a
Class A misdemeanor for the first offense and a Class D felony for subsequent <br>offenses.
Effective: July 14, 1992 <br>History: Amended 1992 Ky. Acts ch. 441, sec. 7, effective July 14, 1992. -- Created
1982 Ky. Acts ch. 419, sec. 1, effective July 15, 1982.
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