21-36a13.   Unlawful distribution or possession of a simulated controlled substance. (a) It shall be unlawful for any person to distribute, possess with the intent to distribute, or manufacture with the intent to distribute any simulated controlled substance.

      (b)   It shall be unlawful for any person to use or possess with intent to use any simulated controlled substance.

      (c) (1)   Violation of subsection (a) is a nondrug severity level 9, nonperson felony, except that violation of subsection (a) is a nondrug severity level 7, nonperson felony if that person is 18 or more years of age and the violation occurs on or within 1,000 feet of any school property;

      (2)   violation of subsection (b) is a class A nonperson misdemeanor.

      History:   L. 2009, ch. 32, § 13; July 1.