(1) In determining whether a substance is an imitation controlled substance, the trier of fact may consider, in addition to all other relevant factors, the following:
(a) Statements by an owner or by anyone in control of the substance concerning the nature of the substance or its use or effect;
(b) Statements made to the recipient that the substance may be resold for inordinate profit which is more than the normal markup charged by legal retailers of similar pharmaceutical products;
(c) Whether the substance is packaged in a manner normally used for illicit controlled substances;
(d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(e) The proximity of the imitation controlled substance to any controlled substances when conduct purported to be illegal under this article is observed.
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