July 1, 2004 To establish procedures for turning in, testing, and disposing of marijuana for cases involving less than one ounce.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

July 1, 2004

 

APD.SOP.3091

 Marijuana Handling Procedures (Less than one ounce)

Applicable To:  All employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  6/15/2004

 

Table of Content
 

1.        PURPOSE  PAGEREF _Toc73598495 \h 1

2.        POLICY   PAGEREF _Toc73598496 \h 1

3.        RESPONSIBILITIES  PAGEREF _Toc73598497 \h 1

4.        ACTION  PAGEREF _Toc73598498 \h 1

4.1      Staffing the testing program. PAGEREF _Toc73598499 \h 1

4.2      Turn-in and packaging. PAGEREF _Toc73598500 \h 1

 

4.4      Storage. PAGEREF _Toc73598501 \h 2

4.5      Testing. PAGEREF _Toc73598502 \h 2

4.6      Disposal. PAGEREF _Toc73598503 \h 3

5.        DEFINITIONS  PAGEREF _Toc73598504 \h 4

6.        CANCELLATIONS  PAGEREF _Toc73598505 \h 4

7.        REFERENCES  PAGEREF _Toc73598506 \h 4

 

1.               PURPOSE

 

To establish procedures for turning in, testing, and disposing of marijuana for cases involving less than one ounce.

 

2.               POLICY

 

2.1              All marijuana seized or found will be transported directly to the Property Control Unit for proper disposal.

 

2.2              Only personnel certified to conduct marijuana identification by the State of Georgia Division of Forensic Sciences and the Georgia Public Safety Training Center will perform the three marijuana identification tests and provide court testimony on the test results.

 

2.3              Personnel certified to conduct marijuana identification will test marijuana in cases involving possession of less than one ounce, except those cases involving juveniles, possession with intent to distribute or cases booked with companion drug or state charges.

 

3.               RESPONSIBILITIES

 

3.1              The reporting officer is responsible for maintaining the chain of evidence until the suspected marijuana is placed into the Property Control Unit marijuana collection mailbox.

 

3.2              The Property Control Unit commander will manage the marijuana testing program and ensure appropriate measures are taken to maintain the chain of evidence while transferring suspected marijuana.

 

3.3              Certified Marijuana Identification Experts will perform marijuana identification tests as outlined in this SOP, and provide courtroom testimony on the test results as required.

 

3.4              Zone commanders will provide certified marijuana identification experts, to assist the Property Control Unit with the testing case load, when notified by the Property Control Unit commander.
 

4.               ACTION

 

4.1              Staffing the testing program.
 

The Property Control Unit commander will assign a certified marijuana identification expert for management and testing of cases involving possession of less than one ounce of marijuana.  The Property Control Unit commander, upon notification that the testing case load is too great for the assigned marijuana identification experts, will contact the zone commander with the heaviest pending case load, to request the assistance of a certified marijuana identification expert.

 

4.2              Turn-in and packaging. 
 

Upon seizing or finding, less than one ounce of marijuana, the reporting officer will place all of the suspected marijuana in an evidence envelope.  The suspected marijuana will be brought directly to the Property Control Unit and weighed.  Two weights will be taken by the officer turning in the suspected marijuana.  First, the weight of the suspected marijuana alone.  The weight of the suspected marijuana alone will be entered in the marijuana evidence logbook.  Then, the officer will again place the suspected marijuana in the evidence envelope, secure the seal, place a piece of clear tape along the seal and place his/her signature so it overlaps the clear tape onto the envelope.  The officer will then take a second weight, the weight of the suspected marijuana in the sealed envelope.  The combined weight of the suspected marijuana and the sealed envelope will be written on the envelope and in the marijuana evidence logbook.  After taking both weights and making the appropriate logbook entries, the evidence envelope will be placed in a locked mailbox designated for the collection of marijuana.  It is incumbent upon the reporting officer to maintain the chain of evidence, until it is placed in the Property Control Unit marijuana collection mailbox.

 

4.2.1           Log-in.  The logs each item placed in the mailbox in the marijuana evidence logbook.  The following information will be entered in the logbook for each item:

 

1.    Complaint number.

 

2.    Name of defendant.  (Note: If the defendant is unknown and there is no hope of

       identifying a suspect, enter "unknown" for the defendant's name, and "to be

       destroyed" in place of date of arrest.)

 

3.    Location of seizure of discovery. (Use street address or name of location.  The

       name of location is most commonly used for City parks, stadiums, and familiar

       public areas/structures.

 

4.    Reporting officer's name and APD ID#.

 

5.    Date of arrest or discovery.

 

6.    Weight of suspected marijuana.

 

7.    Weight of suspected marijuana in the envelope.

 

4.3              Verification.  A member of the Property Control Unit, normally the certified marijuana identification expert, will perform the following steps to ensure accountability and verify the status of each case.

 

4.3.1           Confirm logbook entries.  Each time the mailbox is emptied, the marijuana evidence envelopes are verified against the logbook entries.  The evidence envelopes and logbook entries must match.  If the marijuana evidence envelopes and logbook entries do not match, the person conducting the inventory will list the discrepancies in the logbook along with his/her signature and the date.  If the cause of the discrepancies can be determined, the correct entries will be made.  The person making the corrections will initial and date the entries that have been corrected.  In either case, the Property Control Unit commander must be notified of the discrepancies and the action taken.

 

4.3.2           Confirm weight of evidence.  The evidence, while still in the sealed envelope, is weighed to verify weight and to ensure no evidence is missing.

 

4.3.3           Confirm type of charge.  When neither the evidence envelope or the logbook indicate if the case is a State or City charge verification is made by:

 

1.    Entering the complaint number into the arrest booking system for Atlanta

       Corrections and determining the status of the case;

 

2.    Checking file copies of Incident Reports sent to narcotics;

 

3.    Checking file copies of Property/Evidence Inventory Receipt Forms

 

4.4              Storage.

 

4.4.1           Daily, after completing verification, the person conducting the verification will store the marijuana evidence envelopes, collected from the marijuana collection mailbox, in the Property Control Unit vault.  Marijuana evidence envelopes are initially sorted into two categories:  City cases and State cases, stored in separate sections of the vault.

 

4.4.2           A separate Vault Inventory Log, listing the items stored in the vault, will be maintained by the certified marijuana identification expert assigned to the Property Control Unit.  The log will contain the same entries as the marijuana evidence logbook, (see paragraph 4.2) and three additional entries.  The three entries are for case status, signature, and date of transfer.

 

4.5              Testing.

 

4.5.1           Marijuana identification tests are conducted by Atlanta Police Department certified marijuana identification experts, on suspected marijuana in cases involving possession of less than one ounce, (a) when the defendant(s) pleads "not guilty," and the burden of proof becomes the responsibility of the City of Atlanta, or (b) in State cases prior to the initial hearing.

 

4.5.2           The certified marijuana identification experts will perform the all three of the following tests and provide court testimony on the test results:

 

1.        Visual inspection under a microscope

 

2.        "Duquenois-Levine Reagent" Chemical Test.

 

3.        "KN Reagent (Fast Blue B Salt)" Chemical Test.

 

4.5.3           Test results are recorded on the Marijuana Test Evaluation Form (see enclosure 1) by the test officer.  After entering the test results, the test officer enters his/her signature, APD ID number, and the date.  (Note:  If one or more of the test results is negative, the test officer determines the substance is not marijuana, the test officer will immediately notify the solicitor's office, by telephone or fax, of the negative test result.  A copy of the Marijuana Test Evaluation Form, indicating the test results, will also be forwarded to the solicitor' office.)

 

4.5.4           The test officer will bring the original Marijuana Test Evaluation Form to court to substantiate the test results.

 

4.5.5           All three tests must be positive to verify the substance is marijuana, and to testify to such in court.

 

4.6              Disposal. 
 

Marijuana evidence is disposed of in three phases:

 

4.6.1           Initial. Marijuana evidence for State cases with companion charges and juvenile cases is forwarded to GBI on a weekly basis.  Each envelope is inspected, by a supervisor and the certified marijuana identification expert assigned to the Property Control Unit, to ensure the packaging is secure, and appropriate information has been entered on the evidence envelope.  The envelopes are then transferred to a representative from Narcotics for transport to GBI.  Whenever marijuana is transferred, an inventory receipt is prepared listing all the items being transferred and the weight of each item of evidence.  Copies of receipts are kept on file in the property control unit for five years or until the case is adjudicated, whichever is longer.

 

4.6.2           Intermediate.  Evidence for City cases where the defendant(s) plead guilty are forwarded to the GBI as outlined in paragraph 4.7.

 

4.6.3           Final.  Marijuana evidence, tested by certified personnel to provide courtroom testimony in cases where the burden of proof has become the responsibility of the City of Atlanta, is forwarded to the GBI, after it is released from evidence by the reporting officer or the court handling the case, and authorization is received from the Property Control Unit commander.  The certified marijuana identification expert assigned to the Property Control Unit will check with the Property Control Unit commander to review the status of evidence prior to transfer.

 

4.7              Transfer Procedure.  The Property Control Unit Commander will designate one supervisor and one officer (normally the marijuana identification expert assigned to the Property Control Unit) to be responsible for inventorying marijuana evidence in preparation for transfer.

 

4.7.1           Each envelope will be verified against the Vault Inventory Log as it is removed from the storage vault.  The supervisor will enter the date the marijuana is transferred from destruction and sign his/her name in the logbook.

 

4.7.2           Each envelope will be signed, dated and marked "to be destroyed" by the supervisor or his/her assistant.

 

4.7.3           An inventory receipt sheet will be prepared listing the following information for each evidence envelope containing marijuana. (See enclosure 2):

 

1.    Complaint Number

 

2.    Defendant's name. (Note:  If the defendant is unknown and there is no hope of

       identifying a suspect, enter "unknown" for the defendant's name.

 

3.    Reporting officer's name and APD ID#.

 

4.    Weight of the evidence.
 

5.    Weight of the evidence and the sealed envelope.

 

6.    Signature of the person receiving the evidence.

 

7.    Signature of the person transferring the evidence.

 

4.7.4           The inventory receipt sheet and marijuana evidence envelopes will be verified by the person accepting the marijuana evidence envelopes.

 

4.7.5           A copy of the inventory receipt sheet will be kept on file in the Property Control Unit for five years.

 

4.8              Certification of Marijuana Identification Experts.  Initial certification is accomplished by attending the eight hour course taught by technicians from the Drug Identification Lab, Division of Forensic Sciences.  In order to maintain training standards and provide quality courtroom testimony, Certified Marijuana Identification Experts must perform the marijuana identification tests and/or provide courtroom testimony a minimum of three times a year.  This requirement begins upon completion of the Marijuana Identification Courts.  Those "experts" that do not perform the required number of tests and/or provide courtroom testimony will not be eligible to testify in court until they attend refresher training provided by the State of Georgia Division of Forensic Sciences, Drug Identification Lab.

 

5.               DEFINITIONS

 

5.1              Certified Marijuana Identification Expert.  A person who has attended and successfully completed the required eight hour course on marijuana identification, taught by technicians from the Drug Identification Lab, Georgia Division of Forensic Science.

 

6.               CANCELLATIONS

     

APD.SOP.5.19 Marijuana Handling Procedures
     

7.               REFERENCES

 

APD.SOP.6030 Property and Evidence Control

APD.SOP.5120 Narcotics Unit

"Cannabis," Marijuana Identification Manual, Version 1-95, Georgia Division of Forensic Sciences, Drug Identification Staff.