Connecticut General Statutes/Title 21a/Chapter 420b/Section 21a-268

CGS § 21a-268. (Formerly Sec. 19-473). Misrepresentation of substance as controlled substance. Exemption.

(a) Any person who knowingly delivers or attempts to deliver a noncontrolled substance (1) upon the express representation that such substance is a controlled substance or (2) under circumstances which would lead a reasonable person to believe that such substance is a controlled substance, shall be guilty of a class D felony.

(b) The provisions of subsection (a) of this section shall not apply to any transaction in the ordinary course of business by any licensed practitioner or licensed pharmacist.

Short History

(1967, P.A. 109, S. 2; 555, S. 29; 1972, P.A. 278, S. 19; P.A. 81-199; P.A. 82-472, S. 68, 183.)

Long History

History: 1972 act substituted “substance” for “drug” and “licensed practitioner” for “physician or dentist”; P.A. 81-199 replaced previous provisions re fraudulent sale, dispensing etc. of noncontrolled substances with more detailed provisions and imposed specific penalty where previously such conduct was stated to be “a violation of this chapter”; P.A. 82-472 made technical correction; Sec. 19-473 transferred to Sec. 21a-268 in 1983.

Citations

Cited. 2 CA 513; 8 CA 248.

PreviousCGS § 21a-267. (Formerly Sec. 19-472a). Penalty for use, possession or delivery of drug paraphernalia associated with a controlled substance other than cannabis. Immunity.NextCGS § 21a-269. (Formerly Sec. 19-474). Burden of proof of exception, excuse, proviso or exemption.