Commonwealth v. Driscoll

EAGEN, Chief Justice,

concurring.

The Commonwealth failed to establish what quantity of the amphetamines was sufficient to have “. . . a potential for abuse associated with the stimulant effect on the central nervous system.” Nor did the Commonwealth establish the quantity of amphetamine each capsule of those analyzed possessed.

For these reasons, I agree the conviction and judgment of sentence may not stand.

NIX and LARSEN, JJ., join in this opinion.