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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 40. Department of Forensic Science
Chapter 50. Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material
11/21/2024

6VAC40-50-30. Request for evaluation.

A. Any manufacturer who wishes to submit marijuana field tests for evaluation pursuant to this chapter shall submit a written request for evaluation to the department director at the following address:

Director

Department of Forensic Science

700 North Fifth Street

Richmond, VA 23219

B. For chemical tests, materials sufficient for at least 20 marijuana field tests shall be supplied by each manufacturer. The materials shall include any foundational validation studies and all instructions, precautions, color charts, flow charts, and the like that are provided with the marijuana field test and that describe the use and interpretation of the tests. The manufacturer shall also include exact specifications as to the chemical composition of all chemicals or reagents, if any, used in the marijuana field tests. These shall include the volume or weight of the chemicals and the nature of their packaging. Safety data sheets for each chemical reagent shall be sufficient for this purpose.

C. For mobile instruments, two nonsequentially manufactured instruments and supporting materials shall be supplied for each model for which the manufacturer requests evaluation. These materials shall include all instructions, all training materials regarding the use of the instruments by law enforcement, the instrument specifications, and any foundational validation studies. If the manufacturer provides training for users of the instruments beyond the written instructional materials, such training shall be made available for the evaluation. The instruments shall be returned to the manufacturer upon completion of the evaluation.

D. The department's evaluation process may require up to 90 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use Cannabis plant material, including both marijuana and industrial hemp, to assess those marijuana field tests submitted for evaluation. In order to be approved, the marijuana field test must correctly and consistently react in a clearly observable fashion and distinguish marijuana from industrial hemp. The field test must perform in accordance with manufacturer's instructions and claims and offer convenience and efficiency in operation as determined by the department.

Statutory Authority

§§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.

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