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.
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.
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.
Can I still submit a suspected marijuana pipe or scale for analysis?
No, unless it is a juvenile case or drugs other than marijuana are suspected. As indicated in the Policy Notice dated June 23, 2020, DFS is not able to quantify the THC concentration in residues and is unable to distinguish whether any cannabinoids identified in residues are hemp-derived or marijuana-derived. Accordingly, residues should not be submitted for analysis.