2006 Code of Virginia § 18.2-247 - Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V and VI," "im...

18.2-247. Use of terms "controlled substances," "marijuana,""Schedules I, II, III, IV, V and VI," "imitation controlled substance"and "counterfeit controlled substance" in Title 18.2.

A. Wherever the terms "controlled substances" and "Schedules I, II, III,IV, V and VI" are used in Title 18.2, such terms refer to those terms asthey are used or defined in the Drug Control Act ( 54.1-3400 et seq.).

B. The term "imitation controlled substance" when used in this articlemeans (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet,or substance in any form whatsoever which is not a controlled substancesubject to abuse, and:

1. Which by overall dosage unit appearance, including color, shape, size,marking and packaging or by representations made, would cause the likelihoodthat such a pill, capsule, tablet, or substance in any other form whatsoeverwill be mistaken for a controlled substance unless such substance wasintroduced into commerce prior to the initial introduction into commerce ofthe controlled substance which it is alleged to imitate; or

2. Which by express or implied representations purports to act like acontrolled substance as a stimulant or depressant of the central nervoussystem and which is not commonly used or recognized for use in thatparticular formulation for any purpose other than for such stimulant ordepressant effect, unless marketed, promoted, or sold as permitted by theUnited States Food and Drug Administration.

C. In determining whether a pill, capsule, tablet, or substance in any otherform whatsoever, is an "imitation controlled substance," there shall beconsidered, in addition to all other relevant factors, comparisons withaccepted methods of marketing for legitimate nonprescription drugs formedicinal purposes rather than for drug abuse or any similar nonmedicinaluse, including consideration of the packaging of the drug and its appearancein overall finished dosage form, promotional materials or representations,oral or written, concerning the drug, and the methods of distribution of thedrug and where and how it is sold to the public.

D. The term "marijuana" when used in this article means any part of a plantof the genus Cannabis, whether growing or not, its seeds or resin; and everycompound, manufacture, salt, derivative, mixture, or preparation of suchplant, its seeds, or its resin. Marijuana shall not include any oily extractcontaining one or more cannabinoids unless such extract contains less than 12percent of tetrahydrocannabinol by weight, or the mature stalks of suchplant, fiber produced from such stalk, oil or cake made from the seed of suchplant, unless such stalks, fiber, oil or cake is combined with other parts ofplants of the genus Cannabis.

E. The term "counterfeit controlled substance" means a controlled substancethat, without authorization, bears, is packaged in a container or wrapperthat bears, or is otherwise labeled to bear, the trademark, trade name, orother identifying mark, imprint or device or any likeness thereof, of a drugmanufacturer, processor, packer, or distributor other than the manufacturer,processor, packer, or distributor who did in fact so manufacture, process,pack or distribute such drug.

(1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c. 756;1999, cc. 661, 722; 2004, c. 688.)

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