318-B:2-f Criminal Adulteration and Distribution of Adulterated Controlled Substances. –
I. A person is guilty of a class B felony if they knowingly combine, mix, or adulterate a controlled substance with any substance not approved for human consumption, with the intent to distribute the resulting mixture. The state may establish intent through the presence of processing equipment, including but not limited to, scales, cutting agents, blenders, presses, or the simultaneous possession of a controlled substance and an unapproved additive in a manufacturing context.
II. A person is guilty of a class A felony if they possess with intent to distribute, or distribute, any controlled substance which they know or have reasonable cause to believe contains an unapproved additive. For the purposes of this section, "reasonable cause to believe" includes the failure to utilize accessible harm-reduction testing resources or the distribution of substances in a market known to be contaminated with unapproved additives.
III. The penalties provided for in this section shall be in addition to, and not in lieu of, any other penalties or offenses provided for under this chapter or any other provision of law, and shall not be construed to limit the state's authority to prosecute any other applicable criminal offense.