The Duquenois-Levine field test cannot distinguish marijuana from industrial hemp. For any offense occurring on or after March 21, 2019, that involves 1) plant material packaged and labelled as a “hemp product;” or 2) a defendant that has raised the industrial hemp affirmative defense pursuant to Virginia Code § 3.2-4113, the evidence should be submitted to the laboratory. If the affirmative defense has been raised, please note it on the Request for Laboratory Examination (RFLE) so that a quantitative analysis can be performed (once the method is available).
The Duquenois-Levine field test kits for detection of Marijuana under § 19.2-188.1(B) that have been evaluated and approved by the Department of Forensic Science are accessible in the links below. Please note that the most recent version of the Virginia Register of Regulations will provide the most up-to-date list of approved field test kits.
- Approved List of Marijuana Field Tests for Detection of Marijuana Plant Material – effective August 7, 2017
- Official version is published in the Virginia Register of Regulations, Volume 33, Issue 25, page 2854
- Notice Regarding Marijuana Field Tests and Changes to the Department’s Analytical and Reporting Scheme for Marijuana and Marijuana Products – effective May 23, 2019
- Submission Policy for Plant Material in Simple Possession of Marijuana Cases – effective January 1, 2015
- Virginia Code §19.2-188.1(B) permits a law enforcement officer to testify as to the results of marijuana field tests in any trial for a violation of § 18.2-250.1.
- Link to Form DC-304 – Notice, Motion and Order for Chemical Analysis of Alleged Plant Material
- Frequently Asked Questions