(1) A person commits the crime of unlawful delivery of an imitation controlled substance if the person knowingly:
(a) Delivers, other than by administering or dispensing, a substance that is not a controlled substance upon the express or implied representation that the substance is a controlled substance; or
(b) Delivers a substance that is not a controlled substance upon the express or implied representation that the substance is of such nature or appearance that the recipient of the delivery will be able to distribute the substance as a controlled substance.
(2) As used in this section, “deliver” or “delivery” means the actual or constructive transfer, or offer or agreement to transfer, from one person to another of a substance, whether or not there is an agency relationship.
(3) Unlawful delivery of an imitation controlled substance is a Class A misdemeanor.