BAH v. BARR

Holding that, while Virginia's controlled substance statute encompasses a broader array of drugs than federal law, a conviction under the statute requires identification of the specific type of drug involved, rendering the statute divisible and the Petitioner's conviction under Va. Code § 18.2-250(A)(a) for possession of ethylone—a federal controlled substance—an offense relating to a controlled substance. In her dissent, Judge Thacker argues that the Virginia statute should be presumed indivisible because the evidence is at best inconclusive as to whether the specific identity of the drug, as opposed to the general type of drug, is an essential element for conviction.

Date of Decision
Published