No. Neck and Fingernails Kits are NOT entered into the PERK Tracking System.
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Do all NFKs have to be submitted to DFS for testing?
Unlike PERKs, law enforcement is not required to submit NFKs from reported strangulation cases to DFS for analysis. Va. Code § 19.2-11.8. It is suggested that investigators consult with the Commonwealth’s Attorney to determine whether they recommend submission to DFS. The value of the examination depends on the individual facts of the case.
What if the victim does not want to report the strangulation to law enforcement?
Like PERKs for sexual assaults, NFKs for strangulation may be collected “anonymously” during a forensic examination and forwarded to the Division of Consolidated Laboratory Services (DCLS) by the collecting health care provider. Va. Code § 19.2-11.6.
Do I need to collect an NFK and a PERK?
If an incident of strangulation occurs with a sexual assault, a Physical Evidence Recovery Kit (PERK) should be used to collect the DNA evidence. PERKs contain additional swabs for the collection of relevant strangulation samples. An NFK should not be collected in this situation.
What types of suspected marijuana evidence should be submitted to the lab for further testing?
Evidence to consider submitting to the lab includes what has tested positive with the Duquenois-Levine test kit in conjunction with a blue color formation (indicative of Marijuana) or an inconclusive result with the Cannabis Typification or 4-AP field test (excluding simple possession of marijuana cases that may only be submitted with a court order). Evidence that has shown a pink color formation (indicative of industrial hemp) for the Cannabis Typification or 4-AP field test should only be submitted to the lab for further testing if needed for court purposes. For Virginia Code § 18.2-250.1 offenses on or after July 1, 2020, the evidence will need to be accompanied with a court order at the time of submissions.
Do the Cannabis Typification or 4-AP field test kits need to be stored in any particular way before use?
The test kits should be kept out of direct sunlight for prolonged periods of time. Otherwise they should maintain their integrity under normal working conditions.
Do I use the Cannabis Typification or 4-AP field test if the Duquenois-Levine test kit was negative?
No. The Duquenois-Levine test kit gives a presumptive positive for Cannabis plant material. If this test is negative, there is no need to proceed further with a Cannabis Typification or 4-AP field test.
Is the Cannabis Typification or 4-AP field test only used to determine if the material is hemp?
The Cannabis Typification or 4-AP field test is able to give an indication of whether your sample is more likely to be industrial hemp or Marijuana.
Do I use a Cannabis Typification or 4-AP field test for all plant material?
No. Only use a Cannabis Typification or 4-AP field test if the sample has initially tested positive with a Duquenois-Levine test kit.
How should the results of the Cannabis Typification or 4-AP field test be interpreted?
The results from the Cannabis Typification or 4-AP field test can be interpreted in one of four ways:
- Blue color formation: Indicative of Marijuana (delta-9-THC concentration is greater than that of Cannabidiol). The sample should be submitted to DFS for further analysis if criminal charges are to be pursued (excluding simple possession of marijuana cases that may only be submitted with a court order).
- Pink color formation: Indicative of Hemp (Cannabidiol concentration is greater than that of delta-9-THC). This sample should not be submitted to the lab for further testing unless the adjudication of the case hinges upon THC concentration determination down to 0.3% as defined in the Code of Virginia. This method is currently being developed and validated by the Department.
- Purple or dark blue color formation: Inconclusive result. The test was likely conducted using too much plant material, and should be performed again using a fresh test kit and an appropriate amount of sample. The appropriate amount of sample should be about the size of a grain of rice.
- No color change: Inconclusive result. Repeat the test again using a fresh test kit with an appropriate amount of sample. The appropriate amount of sample should be about the size of a grain of rice.
For more information, please see the 4-AP informational page: https://dfs.virginia.gov/field-test-kits/4-ap-cannabis-typification-field-tests/