9.17.130 Unlawful Representation that a Noncontrolled Substance is a Controlled Substance.
A. No person shall knowingly distribute or cause to be distributed in this City any substance which is not a controlled substance:
1. Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance;
2. Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance; or
3. If any one (1) of the following factors is established, there shall be a presumption that distribution of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:
a. The substance was packaged in a manner normally used for the illegal distribution of controlled substances.
b. The distribution of the substance included an exchange of or demand for money or other consideration for distribution of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.
c. The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.
4. This Section shall not control if any person eighteen (18) or more years of age violates this Section by distributing or causing to be distributed in this state a substance to a person under eighteen (18) years of age and who is at least three (3) years older than the person under eighteen (18) years of age to whom the distribution is made.
5. Violation of this Section is a Class A Public Offense. (Ord. 17-48 § 14, 2017.)