1. (1)

   1. (a) Except as provided in section 18-18-424, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.

   2. (b) A person who violates the provisions of paragraph (a) of this subsection (1) commits:

      1. (I) A level 4 drug felony.
      2. (II) (Deleted by amendment, L. 2013.)

2. (2)

   1. (a) If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.
   2. (b) (Deleted by amendment, L. 2013.)

3. (3)

   1. (a) It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.
   2. (b) A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.
4. (4) It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.

Source: L. 92: Entire article R&RE, p. 374, § 1, effective July 1. L. 2013: (1), (2), and (3) amended, (SB 13-250), ch. 333, p. 1923, § 26, effective October 1.