Sec. 5. A person who: (1) knowingly or intentionally: (A) creates; (B) delivers; or (C) finances the delivery of; a counterfeit substance; or (2) possesses, with intent to: (A) deliver; or (B) finance the delivery of; a counterfeit substance; commits dealing in a counterfeit substance, a Level 6 felony. However, a person may be convicted of an offense under subdivision (2) only if there is evidence in addition to the weight of the counterfeit substance that the person intended to deliver or finance the delivery of the counterfeit substance.
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