Statutes > Iowa Statutes > Title 4 - Public Health > Subtitle 1 - Alcoholic Beverages and Controlled Substances > CHAPTER 124A - IMITATION CONTROLLED SUBSTANCES > 124A.3 - FACTORS INDICATING AN IMITATION CONTROLLED SUBSTANCE.

124A.3 - FACTORS INDICATING AN IMITATION CONTROLLED SUBSTANCE.

        124A.3  FACTORS INDICATING AN IMITATION CONTROLLED
      SUBSTANCE.
         When a substance has not been designated as an imitation
      controlled substance by the board of pharmacy and when dosage unit
      appearance alone does not establish that a substance is an imitation
      controlled substance, the following factors may be considered in
      determining whether the substance is an imitation controlled
      substance:
         1.  The person in control of the substance expressly or impliedly
      represents that the substance has the effect of a controlled
      substance.
         2.  The person in control of the substance expressly or impliedly
      represents that the substance because of its nature or appearance can
      be sold or delivered as a controlled substance or as a substitute for
      a controlled substance.
         3.  The person in control of the substance either demands or
      receives money or other property having a value substantially greater
      than the actual value of the substance as consideration for delivery
      of the substance.
         Section History: Early Form
         [82 Acts, ch 1147, § 6]
         Section History: Recent Form
         C83, § 204A.3
         C93, § 124A.3
         2007 Acts, ch 10, §15