(1) In the form in which it is distributed is shaped, marked, or colored to lead a reasonable person to believe that it is a controlled substance; or

(2) Is represented to be a controlled substance. In determining whether this representation was made, the court shall consider, in addition to all other relevant factors:

(1) Who is subject to part III to distribute or dispense a controlled substance in violation of section 329-38; however, a licensed manufacturer or wholesaler may sell or dispense a controlled substance to a master of a transpacific ship or a person in charge of a transpacific aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft when not in port; provided schedule I or II controlled substances shall be sold to the master of such ship or person in charge of such aircraft only in accordance with the provisions set forth in 21 Code of Federal Regulations, sections 1301, 1305, and 1307, adopted pursuant to Title 21, United States Code, section 821;

(2) Who is a registrant to manufacture a controlled substance not authorized by the registrant’s registration or to distribute or dispense a controlled substance not authorized by the registrant’s registration to another registrant or another authorized person;

(3) To refuse or fail to make available, keep, or furnish any record, notification, order form, prescription, statement, invoice, or information in patient charts relating to the administration, dispensing, or prescribing of controlled substances;

(4) To refuse any lawful entry into any premises for any inspection authorized by this chapter;

(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter or chapter 712, part IV; [or]

(6) Who is a practitioner or pharmacist to dispense a controlled substance to any individual not known to the practitioner or pharmacist, without first obtaining proper identification and documenting, by signature on a log book kept by the practitioner or pharmacist, the identity of the individual obtaining the controlled substance. If the individual does not have any form of proper identification, the pharmacist shall verify the validity of the prescription and identity of the patient with the prescriber, or their authorized agent, before dispensing the controlled substance. For the purpose of this section, "proper identification" means identification containing the photograph, printed name, and signature of the individual obtaining the controlled substance[.];

(7) To import, transport, sell, exchange, barter, supply, prescribe, dispense, give away, administer, manufacture, or compound a counterfeit substance or offer or attempt to do any of the acts described in this paragraph; or

(8) To disseminate false advertisements for counterfeit substances. False advertisements by a publisher, radio broadcast licensee, or agency or medium for an advertisement, not including the manufacturer, wholesaler, or seller of the counterfeit substance, shall not constitute a violation under this paragraph; provided that the publisher, radio broadcast licensee, or agency or medium for an advertisement shall furnish to the department the name and post office address of the entity that requested the advertisement."

(1) To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 329-37;

(2) To use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended, or issued to another person;

(3) To obtain or attempt to obtain any controlled substance or procure or attempt to procure the administration of any controlled substance:

(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;

(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

(6) To misapply or divert to the person’s own use or other unauthorized or illegal use or to take, make away with, or secrete, with intent to misapply or divert to the person’s own use or other unauthorized or illegal use, any controlled substance that shall have come into the person’s possession or under the person’s care as a registrant or as an employee of a registrant who is authorized to possess controlled substances or has access to controlled substances by virtue of the person’s employment; [or]

(7) To make, distribute, possess, or sell any prescription form, whether blank, faxed, computer generated, photocopied, or reproduced in any other manner without the authorization of the licensed practitioner[.];

(8) To import, transport, sell, exchange, barter, supply, prescribe, dispense, give away, administer, manufacture, or compound a counterfeit substance or offer or attempt to do any such act described in this paragraph;

(9) To disseminate false advertisements for counterfeit substances; or

(10) To manufacture, distribute, sell, possess with the intent to distribute, or sell an imitation controlled substance."

(1) All controlled substances and anabolic steroids which have been manufactured, cultivated, grown, distributed, dispensed, or acquired in violation of this chapter;

(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, cultivating, growing, compounding, processing, delivering, importing, or exporting any controlled substance or anabolic steroid in violation of this chapter;

(3) All property which is used, or intended for use, as a container for property described in paragraph (1) or (2);

(4) All conveyances, including aircraft, vehicles, or vessels which are used or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, delivery or receipt of property described in paragraph (1) or (2), subject to the provisions of chapter 712A;

(5) All books, records, and research products and materials, including formulas, microfilms, tapes, and data which are used, or intended for use, in violation of this chapter;

(6) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or anabolic steroid in violation of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of this chapter, subject to the provisions of chapter 712A;

(7) All firearms which are visible, carried during, or used in furtherance of a violation of this chapter or chapter 712, part IV; [and]

(8) All drug paraphernalia as defined by section 329-1[.];

(9) All imitation controlled substances that were manufactured, distributed, or dispensed in violation of this chapter; and

(10) All counterfeit controlled substances that were manufactured, distributed, or dispensed in violation of this chapter."