(a) It shall be unlawful for any person to knowingly deliver, distribute, sell, or
exchange a noncontrolled substance as defined in subsection (b) hereof upon either;
(1) The express representation that the substance is a narcotic or
controlled substance; or,
(2) The express representation that the substance is of such nature, quality
or appearance that the recipient of said delivery will be able to distribute
said substance as a controlled substance; or
(3) Circumstances under which a reasonable person would be led to
believe that the substance is a controlled substance. For the purpose of
this Section, it shall be prima facie evidence of such circumstances if
any two (2) of the following factors are established:
a. The noncontrolled substance was packaged in a manner
normally used for the illegal delivery of controlled substances.
b. The delivery or attempted delivery included an exchange of or
demand for money or other valuable property as consideration
for delivery of the substance, and the amount of such
consideration or money was substantially in excess of the
reasonable value of the noncontrolled substance.
c. The physical appearance of the finished product containing the
substance is substantially identical to a specified controlled
(b) Noncontrolled substance as used in this Section is hereby defined as any
substance which is not listed or scheduled as a controlled substance or narcotic under the
general law of the State of Louisiana.
(c) In any prosecution for a violation of subsection (a) above, it shall not be a defense
that the accused believed the noncontrolled substance to actually be a controlled substance.
(d) A violation of any of the provisions of this Section shall be a misdemeanor and
upon conviction, the violator shall be punished under Section 1-008.00 of the Code of
Ordinances of St. Tammany Parish. (Ord. No. 81-230, adopted 07/09/81)