(1) (a) Except as provided in section 18-18-424, it is unlawful for a person to manufacture, distribute, or possess with intent to distribute an imitation controlled substance.
(b) A person who violates the provisions of paragraph (a) of this subsection (1) commits:
(I) A level 4 drug felony.
(II) (Deleted by amendment, L. 2013.)
(2) (a) If an adult distributes an imitation controlled substance to a minor and the adult is at least two years older than the minor, the adult commits a level 3 drug felony.
(b) (Deleted by amendment, L. 2013.)
(3) (a) It is unlawful for a person to place in a newspaper, magazine, handbill, or other publication or to post or distribute in a public place an advertisement or solicitation that the person knows will promote the distribution of imitation controlled substances.
(b) A person who violates the provisions of paragraph (a) of this subsection (3) commits a level 1 drug misdemeanor.
(4) It is not a defense to a violation of this section that the defendant believed that the imitation controlled substance was a genuine controlled substance.
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