| § 18.2-247 |
NARCOTIC NEWS
Drug Law in Virginia 18.2-247
Drug Law in Virginia 18.2-247
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Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V
and VI," "imitation controlled substance" and "counterfeit controlled
substance" in Title 18.2.
and VI," "imitation controlled substance" and "counterfeit controlled
substance" in Title 18.2.
A. Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V and
VI" are used in Title 18.2, such terms refer to those terms as they are used or
defined in the Drug Control Act (§ 54.1-3400 et seq.).
B. The term "imitation controlled substance" when used in this article means (i)
a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in
any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size,
marking and packaging or by representations made, would cause the
likelihood that such a pill, capsule, tablet, or substance in any other form
whatsoever will be mistaken for a controlled substance unless such substance
was introduced into commerce prior to the initial introduction into commerce of
the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled
substance as a stimulant or depressant of the central nervous system and
which is not commonly used or recognized for use in that particular formulation
for any purpose other than for such stimulant or depressant effect, unless
marketed, promoted, or sold as permitted by the United States Food and Drug
Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form
whatsoever, is an "imitation controlled substance," there shall be considered,
in addition to all other relevant factors, comparisons with accepted methods of
marketing for legitimate nonprescription drugs for medicinal purposes rather
than for drug abuse or any similar nonmedicinal use, including consideration
of the packaging of the drug and its appearance in overall finished dosage
form, promotional materials or representations, oral or written, concerning the
drug, and the methods of distribution of the drug and where and how it is sold
to the public.
D. The term "marijuana" when used in this article means any part of a plant of
the genus Cannabis, whether growing or not, its seeds or resin; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds, or its resin. Marijuana shall not include any oily extract containing
one or more cannabinoids unless such extract contains less than 12 percent of
tetrahydrocannabinol by weight, or the mature stalks of such plant, fiber
produced from such stalk, oil or cake made from the seed of such plant, unless
such stalks, fiber, oil or cake is combined with other parts of plants of the
genus Cannabis.
E. The term "counterfeit controlled substance" means a controlled substance
that, without authorization, bears, is packaged in a container or wrapper that
bears, or is otherwise labeled to bear, the trademark, trade name, or other
identifying mark, imprint or device or any likeness thereof, of a drug
manufacturer, processor, packer, or distributor other than the manufacturer,
processor, packer, or distributor who did in fact so manufacture, process, pack
or distribute such drug.
(1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c. 756; 1999,
cc. 661, 722; 2004, c. 688.)
VI" are used in Title 18.2, such terms refer to those terms as they are used or
defined in the Drug Control Act (§ 54.1-3400 et seq.).
B. The term "imitation controlled substance" when used in this article means (i)
a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in
any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size,
marking and packaging or by representations made, would cause the
likelihood that such a pill, capsule, tablet, or substance in any other form
whatsoever will be mistaken for a controlled substance unless such substance
was introduced into commerce prior to the initial introduction into commerce of
the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled
substance as a stimulant or depressant of the central nervous system and
which is not commonly used or recognized for use in that particular formulation
for any purpose other than for such stimulant or depressant effect, unless
marketed, promoted, or sold as permitted by the United States Food and Drug
Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form
whatsoever, is an "imitation controlled substance," there shall be considered,
in addition to all other relevant factors, comparisons with accepted methods of
marketing for legitimate nonprescription drugs for medicinal purposes rather
than for drug abuse or any similar nonmedicinal use, including consideration
of the packaging of the drug and its appearance in overall finished dosage
form, promotional materials or representations, oral or written, concerning the
drug, and the methods of distribution of the drug and where and how it is sold
to the public.
D. The term "marijuana" when used in this article means any part of a plant of
the genus Cannabis, whether growing or not, its seeds or resin; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds, or its resin. Marijuana shall not include any oily extract containing
one or more cannabinoids unless such extract contains less than 12 percent of
tetrahydrocannabinol by weight, or the mature stalks of such plant, fiber
produced from such stalk, oil or cake made from the seed of such plant, unless
such stalks, fiber, oil or cake is combined with other parts of plants of the
genus Cannabis.
E. The term "counterfeit controlled substance" means a controlled substance
that, without authorization, bears, is packaged in a container or wrapper that
bears, or is otherwise labeled to bear, the trademark, trade name, or other
identifying mark, imprint or device or any likeness thereof, of a drug
manufacturer, processor, packer, or distributor other than the manufacturer,
processor, packer, or distributor who did in fact so manufacture, process, pack
or distribute such drug.
(1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c. 756; 1999,
cc. 661, 722; 2004, c. 688.)