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

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