18-18-421. Imitation controlled substances - determination - considerations

18-18-421. Imitation controlled substances - determination - considerations. (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.