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Administrative Code

Virginia Administrative Code
11/21/2024

Part I. Definitions

6VAC40-50-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any federal, state, or local government law-enforcement organization in the Commonwealth.

"Approval authority" means the Director of the Department of Forensic Science or the director's designee.

"Cannabis plant material" means any part of the plant Cannabis sativa.

"Department" means the Department of Forensic Science.

"Industrial hemp" means industrial hemp as defined in § 3.2-4112 of the Code of Virginia.

"List of approved marijuana field tests" means a list of field tests approved by the department for use by law-enforcement agencies in the Commonwealth and periodically published by the department in the Virginia Register of Regulations in accordance with § 19.2-188.1 of the Code of Virginia.

"Manufacturer" means any entity that makes or assembles marijuana field tests to be used by any law-enforcement officer or agency in the Commonwealth for the purpose of detecting marijuana plant material.

"Manufacturer's instructions and claims" means those testing procedures, requirements, instructions, precautions, and proposed conclusions that are published by the manufacturer and supplied with the marijuana field tests.

"Marijuana" means marijuana as defined in § 4.1-600 of the Code of Virginia.

"Marijuana field test" means any chemical test, combination of chemical tests, or mobile instrument used outside of a forensic laboratory environment to detect the presence of marijuana plant material.

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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