Commonwealth, Aplt. v. Herman, J.

OPINION

CHIEF JUSTICE SAYLOR

This is a direct appeal by the Commonwealth in a case involving Appellee’s alleged possession and delivery of a chemical compound claimed to be either a controlled substance or a designer drug. A central issue is whether the portions of the Controlled Substance, Drug, Device and Cosmetic Act under which Appellee was charged—relating to “analogues” of scheduled controlled substances, as well as “substantially similar” designer drugs—are unconstitutionally vague.

I. Background

At all relevant times, Appellee owned and operated a smoke shop in York County. On April 17,…