Hill v. Commonwealth

Opinion

BENTON, J.

This case presents an issue of first impression in Virginia. We must interpret Code § 54.1-3401, which defines “marijuana,” and decide the extent to which marijuana stalks and marijuana seeds may be weighed to meet the statutory minimum weight requirement for possession of marijuana with intent to distribute proscribed by Code § 18.2-248.1. We conclude that mature marijuana stalks or sterilized seeds may not be used for the purpose of meeting the statutory minimum weight. We also conclude, on an issue not of first im pression, that the admission of evidence of a prior sale of…