(a) A person who knowingly or intentionally delivers or finances the delivery of any substance, other than a controlled substance or a drug for which a prescription is required under federal or state law, that:

1. (1) is expressly or impliedly represented to be a controlled substance;
2. (2) is distributed under circumstances that would lead a reasonable person to believe that the substance is a controlled substance; or

3. (3) by overall dosage unit appearance, including shape, color, size, markings, or lack of markings, taste, consistency, or any other identifying physical characteristic of the substance, would lead a reasonable person to believe the substance is a controlled substance;

   commits dealing in a substance represented to be a controlled substance, a Level 6 felony.

(b) In determining whether representations have been made, subject to subsection (a)(1), or whether circumstances of distribution exist, subject to subsection (a)(2), the trier of fact may consider, in addition to other relevant factors, the following:

1. (1) Statements made by the owner or other person in control of the substance, concerning the substance's nature, use, or effect.
2. (2) Statements made by any person, to the buyer or recipient of the substance, that the substance may be resold for profit.
3. (3) Whether the substance is packaged in a manner uniquely used for the illegal distribution of controlled substances.

4. (4) Whether:

   1. (A) the distribution included an exchange of, or demand for, money or other property as consideration; and

   2. (B) the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

      As added by Acts 1981, P.L.305, SEC.1. Amended by P.L.210-1986, SEC.1; P.L.165-1990, SEC.7; P.L.158-2013, SEC.628.