Hill v. Commonwealth
In Hill v. Commonwealth, 17 Va. App. 480, 438 S.E.2d 296 (1993), the marijuana, stems, and seeds weighed approximately 2.98 ounces.
The Commonwealth argued the trial court could have inferred, upon a visual inspection of the contents, that the bag contained more than one-half ounce of marijuana less the mature stalk and seeds.
The Court wrote, "on the evidence in this record, any such inference would have been purely speculative because no facts were proved that would have supported such an inference." Id. at 485, 438 S.E.2d at 299.