Rhodes v. Commonwealth

Opinion

BARROW, J.

This criminal appeal challenges the sufficiency of the evidence to support the defendant’s conviction of distributing an imitation controlled substance. We conclude that the evidence was insufficient to support the conviction. In doing so, we hold that an imitation controlled substance, as defined by. Code § 18.2-247(B), must be one which has a disposition or tendency to be misused.

On September 29, 1988, the defendant sold a small vial of white crystal powder to an undercover police officer for $20. The defendant told the officer “that it was really good and that it was all…