(a) A person may not possess, offer, display, market, advertise for sale, or sell an illicit synthetic drug.
(b) A synthetic drug is illicit if
(1) the label
(A) is false or misleading;
(B) does not specify the identity of the substances contained in the synthetic drug; or
(C) does not specify the name and place of business of the manufacturer, packer, or distributor; and
(2) the synthetic drug has one or more of the following characteristics:
(A) the packaging or labeling of the synthetic drug suggests that the user will achieve euphoria, a hallucination, mood enhancement, relaxation, stimulation, or another effect on the body;
(B) the name or packaging of the synthetic drug uses images or labels suggesting that it is a controlled substance or has the effect of a controlled substance;
(C) the synthetic drug resembles a controlled substance in appearance, in chemical structure, or composition;
(D) the synthetic drug is marketed or advertised for a particular use or purpose and the cost of the synthetic drug is disproportionately higher than other products marketed or advertised for the same or similar use or purpose;
(E) the synthetic drug contains a warning label stating or suggesting that the synthetic drug is in compliance with state laws regulating controlled substances;
(F) the synthetic drug is a product to which has been added a synthetic chemical or synthetic chemical compound that does not have a legitimate relationship to the advertised use of the product.
(c) It is an affirmative defense to an action for a violation of this section that a product is expressly exempted from or is expressly regulated under and is in compliance with state or federal law. In this subsection, “affirmative defense” has the meaning given in AS 11.81.900.
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