{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-188.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-188.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-188.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-188.1.html"}],"law_id":67789,"edition_id":1,"section_id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","history":"1991, c. 477; 1993, c. 33; 2005, cc. 868, 881; 2006, c. 447; 2013, c. 60; 2020, c. 831; 2021, Sp. Sess. I, cc. 550, 551.","full_text":"A\n\nIn any preliminary hearing on a violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or subdivision 6 of § 53.1-203, any law-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in § 18.2-247.B\n\nIn any trial for a violation of § 4.1-1105.1, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is marijuana provided the defendant has been given written notice of his right to request a full chemical analysis. Such notice shall be on a form approved by the Supreme Court and shall be provided to the defendant prior to trial.\n\t\t\tIn any case in which the person accused of a violation of § 4.1-1105.1, or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis. Upon such motion, the court shall order that the analysis be performed by the Department of Forensic Science in accordance with the provisions of § 18.2-247 and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for chemical analysis.","order_by":null,"text":{"0":{"id":245575,"text":"In any preliminary hearing on a violation of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or subdivision 6 of § 53.1-203, any law-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in § 18.2-247.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":245576,"text":"In any trial for a violation of § 4.1-1105.1, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is marijuana provided the defendant has been given written notice of his right to request a full chemical analysis. Such notice shall be on a form approved by the Supreme Court and shall be provided to the defendant prior to trial.\n\t\t\tIn any case in which the person accused of a violation of § 4.1-1105.1, or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis. Upon such motion, the court shall order that the analysis be performed by the Department of Forensic Science in accordance with the provisions of § 18.2-247 and shall prescribe in its order the method of custody, transfer, and return of evidence submitted for chemical analysis.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16023,"edition_id":1,"name":"Preliminary Hearing","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:04:10","date_modified":"2026-06-26 04:04:10","permalink":{"id":168621,"object_type":"structure","relational_id":16023,"identifier":"12","token":"19.2\/12","url":"\/19.2\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76815,"structure_id":16023,"section_number":"19.2-183","catch_line":"Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case","url":"\/19.2-183\/","token":"19.2\/12\/19.2-183","metadata":false},{"id":73768,"structure_id":16023,"section_number":"19.2-183.1","catch_line":"Joint preliminary hearings","url":"\/19.2-183.1\/","token":"19.2\/12\/19.2-183.1","metadata":false},{"id":75822,"structure_id":16023,"section_number":"19.2-184","catch_line":"Witnesses may be separated (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section)","url":"\/19.2-184\/","token":"19.2\/12\/19.2-184","metadata":false},{"id":82925,"structure_id":16023,"section_number":"19.2-185","catch_line":"Testimony may be reduced to writing and subscribed","url":"\/19.2-185\/","token":"19.2\/12\/19.2-185","metadata":false},{"id":79502,"structure_id":16023,"section_number":"19.2-186","catch_line":"When accused to be discharged, tried, committed or bailed by judge","url":"\/19.2-186\/","token":"19.2\/12\/19.2-186","metadata":false},{"id":77353,"structure_id":16023,"section_number":"19.2-187","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/19.2-187\/","token":"19.2\/12\/19.2-187","metadata":false},{"id":77294,"structure_id":16023,"section_number":"19.2-187.01","catch_line":"Certificate of analysis as evidence of chain of custody of material described therein","url":"\/19.2-187.01\/","token":"19.2\/12\/19.2-187.01","metadata":false},{"id":74057,"structure_id":16023,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/19.2-187.02\/","token":"19.2\/12\/19.2-187.02","metadata":false},{"id":73680,"structure_id":16023,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","url":"\/19.2-187.1\/","token":"19.2\/12\/19.2-187.1","metadata":false},{"id":62769,"structure_id":16023,"section_number":"19.2-187.2","catch_line":"Procedure for subpoena duces tecum of analysis evidence","url":"\/19.2-187.2\/","token":"19.2\/12\/19.2-187.2","metadata":false},{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},{"id":67789,"structure_id":16023,"section_number":"19.2-188.1","catch_line":"Testimony regarding identification of controlled substances","url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","metadata":false},{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},{"id":67819,"structure_id":16023,"section_number":"19.2-188.3","catch_line":"Admissibility of affidavits by government officials regarding a search of government records (Subdivision (10)(b) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-188.3\/","token":"19.2\/12\/19.2-188.3","metadata":false},{"id":75982,"structure_id":16023,"section_number":"19.2-188.4","catch_line":"Two-way video testimony related to certain forensic medical examinations","url":"\/19.2-188.4\/","token":"19.2\/12\/19.2-188.4","metadata":false},{"id":75244,"structure_id":16023,"section_number":"19.2-189","catch_line":"Commitment of accused for further examination","url":"\/19.2-189\/","token":"19.2\/12\/19.2-189","metadata":false},{"id":81953,"structure_id":16023,"section_number":"19.2-190","catch_line":"To whom, and when, examination and recognizance to be certified","url":"\/19.2-190\/","token":"19.2\/12\/19.2-190","metadata":false},{"id":64672,"structure_id":16023,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","url":"\/19.2-190.1\/","token":"19.2\/12\/19.2-190.1","metadata":false},{"id":77289,"structure_id":16023,"section_number":"19.2-190.2","catch_line":"Withdrawal of privately retained counsel","url":"\/19.2-190.2\/","token":"19.2\/12\/19.2-190.2","metadata":false}],"previous_section":{"id":84831,"structure_id":16023,"section_number":"19.2-188","catch_line":"Reports by Chief Medical Examiner received as evidence","url":"\/19.2-188\/","token":"19.2\/12\/19.2-188","metadata":false},"next_section":{"id":86564,"structure_id":16023,"section_number":"19.2-188.2","catch_line":"Certificate of surgeon as evidence","url":"\/19.2-188.2\/","token":"19.2\/12\/19.2-188.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-188.1\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 477 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 33; in 2005, chapters 868<\/a> and 881<\/a>; in 2006, chapter 447<\/a>; in 2013, chapter 60<\/a>; in 2020, chapter 831<\/a>.<\/p>","references":[{"id":67434,"section_number":"9.1-1110","catch_line":"Functions of Forensic Science Board","order_by":null,"url":"\/9.1-1110\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":61546,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","order_by":null,"url":"\/4.1-1100\/"},{"id":67477,"section_number":"4.1-1105.1","catch_line":"Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services","order_by":null,"url":"\/4.1-1105.1\/"},{"id":60787,"section_number":"53.1-203","catch_line":"Felonies by prisoners; penalties","order_by":null,"url":"\/53.1-203\/"}],"permalink":{"id":168667,"object_type":"law","relational_id":67789,"identifier":"19.2-188.1","token":"19.2\/12\/19.2-188.1","url":"\/19.2-188.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-188.1\/","token":"19.2\/12\/19.2-188.1","dublin_core":{"Title":"Testimony regarding identification of controlled substances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-188.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any preliminary hearing<\/span> on a violation of Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1, Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2, or subdivision 6 of § 53.1-203<\/a>, any law<\/span>-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), regarding whether or not any substance the identity of which is at issue<\/span> in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in § 18.2-247<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any trial<\/span> for a violation of § 4.1-1105.1<\/a>, any law<\/span>-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), regarding whether or not any plant material<\/span>, the identity of which is at issue<\/span>, is marijuana provided the defendant<\/span> has been given written notice of his right to request a full chemical analysis. Such notice shall be on a form approved by the Supreme Court<\/span> and shall be provided to the defendant<\/span> prior to trial<\/span>.\n\t\t\tIn any case in which the person accused<\/span> of a violation of § 4.1-1105.1<\/a>, or the attorney of record for the accused<\/span>, desires a full chemical analysis of the alleged plant material<\/span>, he may, by motion<\/span> prior to trial<\/span> before the court<\/span> in which the charge is pending, request such a chemical analysis. Upon such motion<\/span>, the court<\/span> shall order<\/span> that the analysis be performed by the Department of Forensic Science in accordance with the provisions of § 18.2-247<\/a> and shall prescribe in its order<\/span> the method of custody<\/span>, transfer, and return of evidence<\/span> submitted for chemical analysis. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTIMONY REGARDING IDENTIFICATION OF CONTROLLED SUBSTANCES (\u00a7 19.2-188.1)\n\nA. In any preliminary hearing on a violation of Chapter 11 (§ 4.1-1100 et\nseq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title\n18.2, or subdivision 6 of § 53.1-203, any law-enforcement officer shall be\npermitted to testify as to the results of field tests that have been approved by\nthe Department of Forensic Science pursuant to regulations adopted in accordance\nwith the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether\nor not any substance the identity of which is at issue in such hearing is a\ncontrolled substance, imitation controlled substance, or marijuana, as defined\nin § 18.2-247.\n\nB. In any trial for a violation of § 4.1-1105.1, any law-enforcement\nofficer shall be permitted to testify as to the results of any marijuana field\ntest approved as accurate and reliable by the Department of Forensic Science\npursuant to regulations adopted in accordance with the Administrative Process\nAct (§ 2.2-4000 et seq.), regarding whether or not any plant material, the\nidentity of which is at issue, is marijuana provided the defendant has been\ngiven written notice of his right to request a full chemical analysis. Such\nnotice shall be on a form approved by the Supreme Court and shall be provided to\nthe defendant prior to trial.\n\t\t\tIn any case in which the person accused of a violation of § 4.1-1105.1,\nor the attorney of record for the accused, desires a full chemical analysis of\nthe alleged plant material, he may, by motion prior to trial before the court in\nwhich the charge is pending, request such a chemical analysis. Upon such motion,\nthe court shall order that the analysis be performed by the Department of\nForensic Science in accordance with the provisions of § 18.2-247 and shall\nprescribe in its order the method of custody, transfer, and return of evidence\nsubmitted for chemical analysis.\n\nHISTORY: 1991, c. 477; 1993, c. 33; 2005, cc. 868, 881; 2006, c. 447; 2013, c.\n60; 2020, c. 831; 2021, Sp. Sess. I, cc. 550, 551.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}