Whenever used in this chapter, unless the context otherwise requires:

"Controlled substance" means a substance as defined in section 329-1.

"Distribute" means the actual, constructive, or attempted transfer, delivery, or dispensing to another of an imitation controlled substance.

"Imitation controlled substance" means a substance that is not a controlled substance, which by dosage unit, appearance (including color, shape, size, and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In any case when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example in the case of powder or liquid), the court or authority concerned shall consider, in addition to all other logically relevant factors, the following factors as related to representations made in determining whether the substance is an imitation controlled substance:

1. (1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
2. (2) Statements made to the recipient that the substances may be resold for inordinate profit;
3. (3) Whether the substance is packaged in a manner normally used for illicit controlled substances;
4. (4) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
5. (5) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud; and

6. (6) The proximity of the substances to controlled substances.

   "Manufacture" means the production, preparation, or repackaging, labeling, or relabeling, of an imitation controlled substance.

[L 1984, c 222, pt of §1]