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Three fake crack rocks insufficient to prove intent to distribute

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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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