§ 9.16.120. Unlawful possession of look-alike substances.

A.

As used in this section, "look-alike substance" means a substance, other than a controlled substance, as defined in 720 ILCS 570/102(f), which:

(1)

By overall dosage unit appearance, including shape, color, size, markings or lack thereof, taste, consistency or any other identifying physical characteristic of the substance, would lead a reasonable person to believe that the substance is a controlled substance; or

(2)

Is expressly or impliedly represented to be a controlled substance or is distributed under circumstances which would lead a reasonable person to believe that the substance is a controlled substance. For the purpose of determining whether the representations made or the circumstances of the distribution would lead a reasonable person to believe the substance to be a controlled substance under this subdivision, the court or other authority may consider the following factors in addition to any other factor that may be relevant:

a.

Statements made by the owner or person in control of the substance concerning its nature, use or effect;

b.

Statements made to the buyer or recipient that the substance may be resold for profit;

c.

Whether the substance is packaged in a manner normally used for the illegal distribution of controlled substances;

d.

Whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of the consideration was substantially greater than the reasonable retail market value of the substance.

Subsection A(1) of this section shall not apply to a noncontrolled substance in its finished dosage form that was initially introduced into commerce prior to the initial introduction into commerce of a controlled substance in its finished dosage form which it may substantially resemble.

Nothing in this subsection prohibits the dispensing or distributing of noncontrolled substances by persons authorized to dispense and distribute controlled substances under this Act, provided that such action would be deemed to be carried out in good faith under 720 ILCS 570/102(u), if the substances involved were controlled substances.

Nothing in this subsection or in this section prohibits the manufacture, preparation, propagation, compounding, processing, packaging, advertising or distribution of a drug or drugs by any person registered pursuant to Section 510 of the Federal Food, Drug and Cosmetic Act (21 USC 360).

B.

As used in this section, "mail-order pharmacy" means a pharmacy that is located in a state of the United States, other than Illinois, that delivers, dispenses or distributes, through the United States Postal Service or other common carrier, to Illinois residence, any substance which requires a prescription.

C.

It is unlawful for any person to knowingly possess a look-alike substance.

D.

A violation of any provision of this section shall be considered an ordinance violation, punishable by a fine not to exceed seven hundred fifty dollars ($750.00) for each offense.

(Prior Code, § 10:60-3; Code 1996, § 9.16.120; Ord. No. 2704, 1996)

State law reference

Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.