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Three fake crack rocks insufficient to prove intent to distribute

Jan 27, 2010 Three fake crack rocks insufficient to prove intent to distribute

Praised be Virginia’s Court of Appeals, for finding that possession of three fake crack rocks — without more — is insufficient to convict for intent to distribute. Holloway v. Virginia, ___ Va. App. ___ (Jan. 26, 2010).

Curiously, just four days before Holloway was decided, the New York Post reported on the abortion of justice by the arrest and multi-day jailing of two men who possessed candy that might look like crack, but would have tested negative had the cop(s) taken but a moment to use a field drug test kit, which they did not. As underlined at Drug War Rant, this candy arrest should be enough reason for people to refuse police searches.

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