19.2-188.1 - Testimony regarding identification of controlled substances. - Virginia Statutes

§ 19.2-188.1. Testimony regarding identification of controlled substances.

A. In any preliminary hearing on a violation of Article 1 (§ 18.2-247 etseq.) of Chapter 7 of Title 18.2, any law-enforcement officer shall bepermitted to testify as to the results of field tests which have beenapproved by the Department of Forensic Science pursuant to regulationsadopted in accordance with the Administrative Process Act (§ 2.2-4000 etseq.), regarding whether or not any substance the identity of which is atissue in such hearing is a controlled substance, imitation controlledsubstance, or marijuana, as defined in § 18.2-247.

B. In any trial for a violation of § 18.2-250.1, any law-enforcement officershall be permitted to testify as to the results of any marijuana field testapproved as accurate and reliable by the Department of Forensic Sciencepursuant to regulations adopted in accordance with the Administrative ProcessAct (§ 2.2-4000 et seq.), regarding whether or not any plant material, theidentity of which is at issue, is marijuana provided the defendant has beengiven written notice of his right to request a full chemical analysis. Suchnotice shall be on a form approved by the Supreme Court and shall be providedto the defendant prior to trial.

In any case in which the person accused of a violation of § 18.2-250.1, orthe attorney of record for the accused, desires a full chemical analysis ofthe alleged plant material, he may, by motion prior to trial before the courtin which the charge is pending, request such a chemical analysis. Upon suchmotion, the court shall order that the analysis be performed by theDepartment of Forensic Science and shall prescribe in its order the method ofcustody, transfer, and return of evidence submitted for chemical analysis.

(1991, c. 477; 1993, c. 33; 2005, cc. 868, 881; 2006, c. 447.)