In Virginia, where I work, there are field tests for a variety of drugs. In cases of marijuana, field tests are sufficient to establish if the substance is marijuana. There is also a requirement to provide the suspect with a form to request further analysis of the material and it is their responsibility to request the examination.

I field tested the marijuana and it had a positive test for THC. I gave him the form, which he did not use. In court the judge began the case by asking where the analyst for the test was. Since I used the test kit, I acted as analyst. The judge then advised that he wanted someone from the state lab their to testify to the analysis. Our prosecutor reminded the judge of the code that allowed for field tests to be admitted into evidence. The judge then stated that he did not know what all this, “Menindez-Melendez” stuff meant and that someone should explain it to him. Our prosecutor provided him with a copy of the case and he informed her that he was not going to read it, then dismissed the case.

I guess my point here is that there is very little direction in the ruling. I suppose the judge had a valid point in wanting someone from the state lab in court so they could say that a field test kit works. I did think it strange that all this arguing was done before the case was called though and the arguments came from the judge, not the defense attorney. But what do I know I’m just a cop.