Part I
Definitions

6VAC40-50-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any federal, state or local government law-enforcement organization in the Commonwealth.

"Approval authority" means the Director of the Department of Forensic Science or his designee.

"Department" means the Department of Forensic Science.

"List of approved marijuana field tests" means a list of Duquenois-Levine field tests approved by the department for use by law-enforcement agencies in the Commonwealth and periodically published by the department in the Virginia Register of Regulations in accordance with § 19.2-188.1 B of the Code of Virginia.

"Manufacturer" means any entity that makes or assembles marijuana field tests or marijuana field test kits to be used by any law-enforcement officer or agency in the Commonwealth for the purpose of detecting marijuana plant material.

"Manufacturer's instructions and claims" means those testing procedures, requirements, instructions, precautions and proposed conclusions that are published by the manufacturer and supplied with the marijuana field tests or marijuana field test kits.

"Marijuana" means marijuana as defined in § 18.2-247 of the Code of Virginia.

"Marijuana field test" means any Duquenois-Levine test unit used outside of a chemical laboratory environment to detect the presence of marijuana plant material.

"Marijuana field test kit" means a combination of individual marijuana field test units.

Part II
Process for Approval of Field Tests

6VAC40-50-20. Authority for approval.

Section 19.2-188.1 B of the Code of Virginia provides that the Department of Forensic Science shall approve marijuana field tests for use by law-enforcement officers to enable them to testify to the results obtained in any trial for a violation of § 18.2-250.1 of the Code of Virginia regarding whether or not any plant material, the identity of which is at issue, is marijuana.

6VAC40-50-30. Request for approval evaluation.

A. Any manufacturer who wishes to have submit marijuana field tests or marijuana field test kits approved for evaluation pursuant to this chapter shall submit a written request for approval evaluation to the department director at the following address:

B. Materials sufficient for at least 10 marijuana field tests shall be supplied by each manufacturer. The materials shall include all instructions, precautions, color charts, flow charts and the like which are provided with the marijuana field test or marijuana field test kit and that describe the use and interpretation of the tests.

C. The manufacturer shall also include exact specifications as to the chemical composition of all chemicals or reagents used in the marijuana field tests. These shall include the volume or weight of the chemicals and the nature of their packaging. Material safety data sheets for each chemical or reagent shall be sufficient for this purpose.

D. This approval The department's evaluation process may require up to 90 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use marijuana plant material to assess those marijuana field tests submitted for approval evaluation. In order to be approved, the marijuana field test must correctly and consistently react in a clearly observable fashion to the naked eye, and perform in accordance with manufacturer's instructions and claims.

6VAC40-50-40. Notice of approval decision.

The department will notify each manufacturer in writing of the approval or disapproval of each test for which approval evaluation was requested. Should any test not be approved, the manufacturer may resubmit their request for approval evaluation of that marijuana field test according to the previously outlined procedures at any time along with a detailed explanation of all alterations or changes to the test or related instructions or claims since the department's disapproval of the previously submitted test.

6VAC40-50-50. Maintenance of approved status.

The department may require that this approval evaluation be done as often as annually for routine purposes. If any modifications are made to an approved marijuana field test by the manufacturer, the department shall be notified in writing of the changes. If unreported modifications are discovered by the department, the department may require that all testing and approval evaluations be repeated for the particular manufacturers' approved marijuana field tests. The department shall notify the manufacturer in writing of this requirement. Any modified marijuana field test must be approved before it can be used in accordance with § 19.2-188.1 B of the Code of Virginia. These changes shall include, but are not limited to, any chemical, procedural or instructional modifications made to the marijuana field test.

6VAC40-50-60. Publication.

Upon completion of such testing evaluations and in concurrence with the approval authority, the department will periodically publish a list of approved marijuana field tests in the General Notices section of the Virginia Register of Regulations. The department will also periodically publish the list on its website. The department may, in addition, provide copies of its approved list to any law-enforcement agency. The department may share any information or data developed from this testing with these agencies.

Part III
Fees

6VAC40-50-80. Fees.

Manufacturers will be charged a fee of $50 for each marijuana field test for which individual approval evaluation is requested. The department will evaluate review the manufacturers' manufacturer's request and notify them the manufacturer in writing of the amount due before testing evaluation begins. Manufacturers who wish to withdraw a request for approval evaluation shall immediately notify the department in writing of the amount due before testing begins. Manufacturers who wish to withdraw a request for approval shall immediately notify the department in writing. The department's assessment of the amount of payment required will be based upon a detailed evaluation review of the manufacturer's request and that amount will be final. Approval will not be granted The evaluation process will not be initiated before full payment is made to the Treasurer of Virginia.