COLJI-Crim. F:177

“Imitation controlled substance” means a substance that is not the

controlled substance that it is purported to be but which, by appearance,

including color, shape, size, and markings, by representations made, and

by consideration of all relevant factors set forth below, would lead a

reasonable person to believe that the substance is the controlled substance

that it is purported to be.

In determining whether a substance is an imitation controlled

substance, you 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; and (e) the

proximity of the imitation controlled substance to any controlled

substances when conduct purported to be illegal was observed.