Administrative Code

Virginia Administrative Code
9/24/2022

Part II. Process for Approval of Field Tests

6VAC40-50-20. Authority for approval.

Section 19.2-188.1 of the Code of Virginia provides that the Department of Forensic Science shall approve marijuana field tests for use by law-enforcement officers to enable them to testify to the results obtained in any trial for a violation of § 18.2-250.1 of the Code of Virginia regarding whether or not any plant material, the identity of which is at issue, is marijuana.

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.

6VAC40-50-30. Request for evaluation.

A. Any manufacturer who wishes to submit marijuana field tests or marijuana field test kits 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. Materials sufficient for at least 10 marijuana field tests shall be supplied by each manufacturer. The materials shall include all instructions, precautions, color charts, flow charts and the like which are provided with the marijuana field test or marijuana field test kit and that describe the use and interpretation of the tests.

C. The manufacturer shall also include exact specifications as to the chemical composition of all chemicals or reagents used in the marijuana field tests. These shall include the volume or weight of the chemicals and the nature of their packaging. Material safety data sheets for each chemical or reagent shall be sufficient for this purpose.

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 marijuana plant material 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 to the naked eye, and perform in accordance with manufacturer's instructions and claims.

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.

6VAC40-50-40. Notice of decision.

The department will notify each manufacturer in writing of the approval or disapproval of each test for which evaluation was requested. Should any test not be approved, the manufacturer may resubmit their request for evaluation of that marijuana field test according to the previously outlined procedures along with a detailed explanation of all alterations or changes to the test or related instructions or claims since the department's disapproval of the previously submitted test.

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.

6VAC40-50-50. Maintenance of approved status.

The department may require that this evaluation be done as often as annually for routine purposes. If any modifications are made to an approved marijuana field test by the manufacturer, the department shall be notified in writing of the changes. If unreported modifications are discovered by the department, the department may require that evaluations be repeated for the particular manufacturers' approved marijuana field tests. The department shall notify the manufacturer in writing of this requirement. Any modified marijuana field test must be approved before it can be used in accordance with § 19.2-188.1 of the Code of Virginia. These changes shall include, but are not limited to, any chemical, procedural or instructional modifications made to the marijuana field test.

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.

6VAC40-50-60. Publication.

Upon completion of such evaluations and in concurrence with the approval authority, the department will periodically publish a list of approved marijuana field tests in the General Notices section of the Virginia Register of Regulations. The department will also periodically publish the list on its website. The department may, in addition, provide copies of its approved list to any law-enforcement agency. The department may share any information or data developed from this testing with these agencies.

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.Publication of approved marijuana field tests: General Notices, 22:23 VA.R. 3412 July 24, 2006; 24:18 VA.R. 2727-2728 May 12, 2008; 26:15 VA.R. 2308 March 29, 2010; 30:23 VA.R. 2580 July 14, 2014; 33:25 VA.R. 2854 August 7, 2017.

6VAC40-50-70. Liability.

A. The department assumes no liability as to the safety of these marijuana field tests or marijuana field test kits, any chemicals contained therein or the procedures and instructions by which they are used.

B. The department further assumes no responsibility for any misuse or incorrect interpretation of results.

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.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.