Diamond Bar Municipal Code Div. 2 Imitation Controlled Substances

This division shall be known as the "Diamond Bar Imitation Controlled Substances Ordinance."

(Ord. No. 14(1989), § 2(13.55.010), 6-27-89)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance means a substance as defined in Health and Safety Code § 11007.

Distribute means the actual, constructive, or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

Imitation controlled substance means a substance that is not a controlled substance, which by representations made, alone or in conjunction with dosage-unit appearance, including color, shape, size and markings, would lead a reasonable person to believe that the substance is a controlled substance. The following may be considered in determining whether a reasonable person would be led to believe that a substance is a controlled substance:

(1) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its uses or effects;

(2) Statements made to the recipient that the substance may be resold for inordinate profit;

(3) Whether the substance is packaged in a manner normally used for illicit controlled substances;

(4) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities; and

(5) Prior convictions, if any, of an owner, or anyone in control of the substance, under state or federal law related to controlled substances or fraud.

Manufacture means the production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling or relabeling, of an imitation controlled substance.

(Ord. No. 14(1989), § 2(13.55.020), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

Any person who manufactures, distributes, or possesses with intent to distribute an imitation controlled substance is guilty of a misdemeanor, punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(13.55.030), 6-27-89)

Any person 18 years of age or over who violates section 9.20.130 by distributing an imitation controlled substance to a person under 18 years of age is guilty of a misdemeanor, punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(13.55.040), 6-27-89)

Any person who places in any newspaper, magazine, handbill or other publication, or who posts or distributes in any public place any advertisement or solicitation, with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances, is guilty of a misdemeanor, punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(13.55.050), 6-27-89)

No civil or criminal liability shall be imposed by virtue of this chapter on any person registered under the state's Uniform Controlled Substances Act (Health and Safety Code § 11000 et seq.) who manufactures, distributes or possesses an imitation controlled substance for use as a placebo by a practitioner, as defined in Health and Safety Code § 11026, in the course of professional practice or research.

(Ord. No. 14(1989), § 2(13.55.060), 6-27-89)