When the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an “imitation controlled substance” as in the case of a powder or a liquid substance, the court or authority concerned should consider, in addition to all other logically relevant factors, all of the following factors as related to “representations made” in determining whether the substance is an “imitation controlled substance”:

Terms Used In North Dakota Code 19-03.2-02

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

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.    Statements made to the recipient that the substance may be resold for inordinate profit.

3.    Whether the substance is packaged in a manner normally used for illicit controlled substances.

4.    Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities.

5.    Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances, imitation controlled substances, or fraud.

6.    The proximity of the substances to controlled substances.