Virginia HB 88: Marijuana field test; evidence at trial.

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Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18102207D

HOUSE BILL NO. 88 

Offered January 10, 2018 

Prefiled December 9, 2017 

A BILL to amend and reenact � 19.2-188.1 of the Code of 
 Virginia, relating to marijuana field test; evidence at trial. 
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Patron-- Hope 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-188.1 of the Code of Virginia is amended and 
 reenacted as follows:

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

A. In any preliminary hearing on a violation of Article 1 (� 
 18.2-247 et seq.) of Chapter 7 of Title 18.2 or a violation of 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. In any trial for a violation of 
 subdivision (a) (1) of � 18.2-248.1 or � 18.2-250.1, 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 that 
 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 subdivision (a) (1) of � 
 18.2-248.1 or � 18.2-250.1, 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 and shall 
 prescribe in its order the method of custody, transfer, and return of evidence 
 submitted for chemical analysis.