§ 7-701. Violations delineated.

(a)

It shall be unlawful for any person to knowingly deliver, distribute, sell or exchange a noncontrolled substance as defined in subsection (b) hereof upon either;

(1)

The express representation that the substance is a narcotic or controlled substance; or

(2)

The express representation that the substance is of such nature, quality or appearance that the recipient of said delivery will be able to distribute said substance as a controlled substance; or

(3)

Circumstances under which a reasonable person would be led to believe that the substance is a controlled substance. For the purpose of this sections, it shall be prima facie evidence of such circumstances if any of two of the following factors are established:

(a)

The noncontrolled substances was packaged in a manner normally used for the illegal delivery of controlled substances.

(b)

The delivery or attempted delivery included an exchange of or demand for money or other valuable property as consideration for delivery of the substance, and the amount of such consideration or money was substantially in excess of the reasonable value of the non-controlled substance.

(c)

The physical appearance of the finished produce containing the substance is substantially identical to a specified controlled substance.

Ord. No. 210, § 5, 12-15-98)