                                 CODE OF VIRGINIA

TESTIMONY REGARDING IDENTIFICATION OF CONTROLLED SUBSTANCES (§ 19.2-188.1)

A. In any preliminary hearing on a violation of Chapter 11 (&#xA7; 4.1-1100 et
seq.) of Title 4.1, Article 1 (&#xA7; 18.2-247 et seq.) of Chapter 7 of Title
18.2, or subdivision 6 of &#xA7; 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 (&#xA7; 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 &#xA7; 18.2-247.

B. In any trial for a violation of &#xA7; 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 (&#xA7; 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.
			In any case in which the person accused of a violation of &#xA7; 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 &#xA7; 18.2-247 and shall
prescribe in its order the method of custody, transfer, and return of evidence
submitted for chemical analysis.

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.