Brown v. Commonwealth

POWELL, Judge.

Milton A. Brown (“Brown”) appeals his conviction for possession with intent to distribute more than one-half ounce but less than five pounds of marijuana, in violation of Code § 18.2-248.1. Brown contends that the Commonwealth failed to prove that he possessed more than one-half ounce of marijuana as that term is statutorily defined. Specifically, Brown argues that the evidence was only sufficient to convict him of simple possession of marijuana because the Commonwealth failed to prove that the plant material, exclusive of mature stalk and sterilized seeds, weighed more than…