2016 Colorado Revised Statutes
Title 18 - Criminal Code
Article 18 - Uniform Controlled Substances Act of 2013
Part 4 - Offenses and Penalties
§ 18-18-421. Imitation controlled substances - determination - considerations

CO Rev Stat ยง 18-18-421 (2016) What's This?

(1) In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:

(a) Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;

(b) Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;

(c) Whether the substance is packaged in a manner normally used for illicit controlled substances;

(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;

(e) The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.

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