15-310.00 Noncontrolled Substances

    (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 substance.

    (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)