The proposal describes when officers may testify about approved field tests in certain hearings and trials, and gives defendants a way to request lab analysis before trial.
At preliminary hearings for certain offenses, officers may testify about approved field test results when the identity of a substance is at issue.
In trials for certain marijuana offenses, officers may testify about approved field test results. Before trial, defendants must be told they can request a full lab analysis.
At certain preliminary hearings, an officer may testify about approved field test results. This applies to preliminary hearings for specified offenses involving controlled substances, imitation controlled substances, marijuana, or certain prison offenses. The test must be approved by the Department of Forensic Science under regulations. The identity of the substance must be at issue.
At certain trials, an officer may testify about an approved marijuana field test of plant material. This applies to trials for violations of §§ 4.1-1105.1, 4.1-1107, or 4.1-1109 when whether plant material is marijuana is at issue. The test must be approved as accurate and reliable by the Department of Forensic Science. The defendant must receive written notice of the right to request a full chemical analysis before trial. Notice and any request for a full chemical analysis must be made before trial.
No hearings or votes scheduled.