23 Va. App. Code 18.2-253 does not provide that the Commonwealth's failure to dispose of imitation controlled substances in the manner prescribed should result in the suppression of evidence or the imposition of other sanctions against the Commonwealth. Therefore, the trial judge did not err in refusing to dismiss the charge due to the Commonwealth's apparent failure to abide by Code 18.2-253. Where the defendant is charged with attempting to commit a crime, the Commonwealth must prove the accused had a specific intent to commit that crime. Moreover, to convict an accused of possession of a particular unlawful substance, the Commonwealth must prove that the accused was aware of the character of the particular substance at issue.
Intent is a subjective state of mind, and proof of it is ofttimes difficult.
Frequently, it must be proved by circumstantial evidence alone. 18 Va. App. Circumstantial evidence may establish the elements of a crime, provided it excludes every reasonable hypothesis of innocence. 18 Va. App. He agreed to the purchase before Sidnor showed him the substance.