§ 12.07.010. Definitions.

As used in this chapter of the Clark County Code, unless the context requires otherwise, the following terms shall have the meanings ascribed to them in subsections (a) through (d), inclusive, of this section.

(a)

The term "controlled substance" means a controlled substance as defined in NRS 453.041.

(b)

The term "imitation controlled substance" means a substance that is not a controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In those rare cases when the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an "imitation controlled substance" (for example in the case of powder or liquid), the court or authority concerned should consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an "imitation 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 use or effect;

(2)

Statements made by the owner or person in control of the substance 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;

(5)

Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances.

(6)

The proximity of the substances to controlled substances.

(c)

The term "distribute" means the actual, constructive, or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

(d)

The term "manufacture" means the production, preparation, compounding, processing, encapsulating, packaging, or repackaging, labeling or relabeling, of an imitation controlled substance.

(Ord. 803 § 1 (part), 1982)