Imitation Controlled Substance DefenseCalifornia Health & Safety Code § 109575

Health & Safety Code § 109575 makes it a crime to knowingly manufacture, distribute, or possess with intent to distribute an imitation controlled substance. An “imitation controlled substance” is a product manufactured to physically resemble a real controlled substance closely enough that a reasonable person could not tell it apart from the genuine drug by its appearance.

A violation of Health & Safety Code § 109575 is a misdemeanor punishable by up to six (6) months in county jail, a fine of up to $1,000, or both.

• You did not intend to distribute or sell the substance
• The substance does not qualify as an “imitation controlled substance” because it would not be mistaken for a real drug by a reasonable person
• You did not know the substance was an imitation
• The evidence was seized during an unlawful search