Possession of Controlled Substance • Controlled Substance, Drug, Device and Cosmetic Act • “Analogues” and “Substantially Similar” Designer Drugs
Commonwealth v. Herman, PICS Case No. 17-0885 (Pa. May 25, 2017) Saylor, C.J.; Donohue, J., concurring and dissenting. (38 pages).
Designer drug provision of controlled substance act not unconstitutionally void-for-vagueness with respect to the “substantially similar” requirement, where average person would understand scope of “substantially similar,” and additional scienter requirement of provision alleviated additional vagueness concerns. Order of the trial court affirmed in part and reversed in part.
