Hawaiian Gardens Municipal Code Ch. 6.44 Sale, Transfer, Delivery or Dispensing of Imitation Controlled Substances

This chapter shall be known as "the Hawaiian Gardens imitation controlled substances ordinance."

(Ord. 255 § 1, 1982)

A. Unless the context otherwise requires, the definitions in this chapter govern the construction of this chapter.

Controlled substance means a substance as defined in Section 11007 of the Health and Safety Code.

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

Manufacture means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling, 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.

B. 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 to person in control of the substance to avoid detection by law enforcement authorities;

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.

(Ord. 255 § 1, 1982)

Any person who manufactures, distributes, or possesses with intent to distribute, an imitation controlled substance is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the County jail or a fine of not more than $500.00, or both such imprisonment and fine.

(Ord. 255 § 1, 1982)

Any person 18 years of age or over who violates Section 6.44.030 by distributing an imitation controlled substance to a person under 18 years of age is guilty of a misdemeanor and shall, if convicted, be subject to imprisonment for not more than six months in the County jail or a fine of not more than $500.00, or both such imprisonment and fine.

(Ord. 255 § 1, 1982)

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 and shall, if convicted, be subject to imprisonment for not more than six months in the County jail or a fine of not more than $500.00, or both such imprisonment and fine.

(Ord. 255 § 1, 1982)

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

(Ord. 255 § 1, 1982)