Marijuana field test; testimony as to the results; consuming, etc., while in a motor vehicle.

Plain English Breakdown

The official source does not provide specific information on how the bill affects public school grounds beyond mentioning it in passing.

Marijuana Field Test Rules and Vehicle Possession

This bill allows police officers to testify about marijuana field test results in trials involving using or possessing marijuana while driving on public roads or being at school, provided the person is informed of their right to request a full chemical analysis.

What This Bill Does

• Allows police officers to tell judges and juries what a marijuana field test shows when someone is accused of using or having marijuana in their car on public roads.
• Requires that people who are charged with these crimes must be given written notice about their right to ask for more detailed chemical tests.

Who It Names or Affects

• People who use or possess marijuana in vehicles on public roads
• Students and staff at public schools if they are caught with marijuana there

Terms To Know

Field Test

A quick test done by police officers to check if a substance is likely to be illegal drugs.

Chemical Analysis

A more detailed and accurate lab test that confirms whether a substance is marijuana or another drug.

Limits and Unknowns

• The bill does not specify what happens if someone requests a full chemical analysis but cannot afford it.
• It's unclear how this will affect cases involving public school grounds, as the details are limited in the summary.

Official Summary Text

Marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds.
Allows a law-enforcement officer to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science regarding whether or not any plant material at issue is marijuana in a trial for a violation of using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway or consuming or possessing marijuana or marijuana products in or on public school grounds, provided the defendant has been given written notice of his right to request a full chemical analysis. Current law allows a law-enforcement officer to testify as to the results of a marijuana field test in a trial for underage possession or consumption of marijuana.

Current Bill Text

A BILL to amend and reenact §
19.2-188.1
of the Code of Virginia, relating to marijuana field test; testimony as to the results; consuming or possessing marijuana or marijuana products while in a motor vehicle or on public school grounds.

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 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. In any trial for a violation of §
4.1-1105.1
,
4.1-1107
,
or
4.1-1109
, 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.

In any case in which the person accused of a violation of §
4.1-1105.1
,
4.1-1107
,
or
4.1-1109
, 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.