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218A.350 Prohibited practices concerning
controlled substances -- Penalties.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
substances
that
simulate
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 is sold or transferred is a controlled substance.
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, to simulate a controlled substance.
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
representation or upon the creation of an impression that the substance held
for sale or transfer is a controlled substance.
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 substance, for the purpose of creating the impression
that the substance is a controlled substance.
For the purpose of determining whether this section has been violated, the
court or other authority shall include in its consideration the following:
(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 consideration was substantially greater than the reasonable value of
the noncontrolled substance.
(c) Whether the physical appearance of the noncontrolled substance is
substantially identical to that of a controlled substance.
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 controlled substance.
(a) 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 offenses.
(b) In lieu of the fine amounts otherwise allowed under KRS Chapter 534, for
any offense under this subsection the court may impose a maximum fine
of double the defendant's gain from the commission of the offense, in
which case any fine money collected shall be divided between the same
parties, in the same ratio, and for the same purposes as established for
forfeited property under KRS 218A.420.
(c) It shall be an affirmative defense to an offense under this subsection that
the defendant committed the offense during the course of the defendant's
employment as an employee of a retail store and that the defendant did
not know and should not have known that the trafficked substance was a
synthetic drug.
Effective:April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 12, effective April 11, 2012. -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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