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Keeping drug field tests out of evidence.

By Marks & Katz, LLC

Virginia has a statute allowing marijuana field testing testimony into evidence:  "In any trial for a violation of § 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 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." Va. Code § 19.2-188...continue to full post

Full post as published by Underdog on February 05, 2010 (boomark / email).