Can you walk me through how and when to use the Cannabis Typification or 4-AP field test?

Please see the Department’s website for both written instructions and an instructional video on how to use this test kit. The direct link for this information can be found at: https://dfs.virginia.gov/field-test-kits/4-ap-cannabis-typification-field-tests/

These tests should be used on plant material that has tested positive for Cannabis using the Duquenois-Levine test kit, and further information is needed as to whether it is more likely to be marijuana or industrial hemp.

Does DFS test agricultural plants grown as hemp if they are suspected to be above the 0.3% THC limit?

DFS does not perform testing for compliance with tetrahydrocannabinol (THC) limits in support of hemp regulatory programs.

Can the Department of Forensic Science analyze marijuana edibles?

While the Department can identify specific cannabinoids, DFS cannot distinguish between marijuana-derived and hemp-derived edibles.

Will DFS continue to accept marijuana evidence for juvenile cases?

Yes. The revised marijuana submission policy is only applicable to possession of marijuana cases for adults.

Can the Duquenois-Levine field test tell the difference between hemp and marijuana?

No, the Duquenois-Levine field test cannot distinguish marijuana from industrial hemp.

What format should I acquire and submit video recordings in?

The Digital & Multimedia Evidence Section recommends acquiring and submitting video recordings in both the recording device’s native (proprietary) file format AND an open file format (e.g. .avi). This will allow the examiner to determine which recording is the best candidate for the requested examination.

What should I document during the acquisition of video evidence from a digital video recorder (DVR)?

Type of DVR (e.g. stand alone, hybrid, networked, server based, personal computer)
Make, model, and serial number
Account username(s) and password(s)
Number of cameras capable of recording and number of cameras connected
System time and date and actual time and date
System settings:
- Image quality (e.g. high, medium, low)
- Frames per second
- Recorded image/frame size (e.g. 320 x 240)
- Alarm or motion trigger settings for cameras
System logs
Whether the cameras have infrared (IR) capabilities

Can you acquire digital evidence (e.g. device backups, video recordings, etc.) stored on cloud-based platforms?

No, the Digital & Multimedia Evidence section cannot acquire data from a cloud-based storage platform. However, we can provide technical support in identifying and requesting cloud-based sources of evidence.

Will DFS continue to accept cases for possession with intent to distribute marijuana?

Yes. The revised marijuana submission policy is only applicable to cases where the charge is possession of marijuana. There is a rebuttable presumption under Virginia Code § 18.2-248.1 that less than 1 ounce is for personal use.

Will DFS continue to accept cases for felony possession of marijuana by prisoners?

Yes, DFS will continue to analyze, without a court order, plant material in cases involving felony possession of marijuana by prisoners. Please note “felony possession” on the RFLE when submitting this evidence.