N.Y. Comp. Codes R. & Regs. tit. 7 § 1010.8

Current through Register Vol. 46, No. 22, May 29, 2024
Section 1010.8 - Forms
(a)Form 2080, Request for Test of Suspected Contraband Drugs.

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(b)From 2081, Contraband Test Procedure.

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(c)NIK® System, statement of principals, procedures and tests.

NIK® Public Safety developed the NIK® System of Narcotics Identification as a means of rapidly screening and presumptively identifying substances suspected of being abused drugs, narcotics and hallucinogens. Designed to be a completely self-contained system, the kit in its several configurations, provides all necessary elements to perform chemical color tests for the commonly known and most frequently abused narcotics and dangerous drugs.

Each test pack contains the chemical required to perform the desired test in pre-filled, hermetically sealed glass ampoules. This eliminates the need for measuring, mixing and dispensing of reagents while affording a maximum of protection to the investigator. Reagent shelf life is also substantially prolonged by this method of packaging. Chemicals used are ACS grade or better, providing the highest rate of accuracy.

The NIK® System is designed to function as a transportable-mininarcotics identification laboratory. It may be carried with you and it therefore, available for use whenever and whenever the need may arise.

"COLORMETRIC CHEMICAL TESTING"

The NIK® System employs chemical colormetric comparison as the means by which narcotics and other controlled substances are screened and presumptively identified. Each test pack contains one or more chemical reagents which will predictably develop a color or a series of colors in the presence of the most commonly known narcotics and dangerous drugs. When the predicted color reaction occurs while following the recommended test sequence. a positive identification is presumed. A positive identification is considered a component of probable cause and generally recognized within our legal system as being presumptive in nature.

"NIK® POLYTESTING SYSTEM"

The NIK® System of Narcotics Identification is based upon a poly testing procedure whereby a suspect material is subjected to a series of progressively discriminating screening tests. The results of a single test may or may not yield a valid result. However, the sequential results of several tests, if they all indicate a positive reaction for a particular substance, provides a high degree of certainty that the suspect material is in fact what the NIK® Poly testing System indicates it to be.

Experiments have been and continue to be conducted with hundreds of licit and illicit chemical compounds in a continuing effort to eliminate false positive results. No chemical reagent system, adaptable to field use exists, that will completely eliminate the occurrence of an occasional invalid test result. A complete forensic laboratory would be required to qualitatively identify an unknown suspect substance. In absence of such a laboratory facility, the NIK® System, utilizing the recommended Poly testing procedure, is your best assurance that the presumptive results of a positive identification are what they appear to be.

"NIK® TESTING CAPABILITY"

The NIK® System will presumptively identify most substances which fall within the following general groups of abused drugs:

A. Cannabis sativa L.B. DepressantsC. Hallucinogens
D. NarcoticsE. Stimulants

NIK® NARCOTICS IDENTIFICATION SYSTEM - NIK® TESTS

Test AMarquis Reagent - for the presumptive identification of Opiates (Morphine, Codeine or Heroin), Demerol, Black Tar, Amphetamine-type compound, including Methamphetamine & Methylenedioxymethamphetamine (MDMA or Ecstacy), Amphetamines and as a general screening agent for other drugs.
Test BNitric Acid Reagent - always used with test A for the confirmation of Opiates (Morphine, Codeine or Heroin) and Amphetamine-type compound as well as a general screening test for other drugs.
Test CModified Dille-Koppanyl Reagent - for the presumptive identification of Barbiturates
Test DModified Ehrlich's Reagent - for the presumptive identification of LSD (Lysergic Acid Diethylamide)
Test E Duquenois-Levine Reagent - for the presumptive identification of Marijuana, Hashish and "Hash Oil"
Test GModified Scott Reagent - for the presumptive identification of Cocaine, Crack or Free Base
Test HProprietary formula - for the presumptive identification of Methadone
Test IProprietary formula - for the general screening to presumptively identify PMA, Ketamine, Barbiturates and Methadone
Test JProprietary formula - for the presumptive identification of PCP (Phencyclidine)
Test KProprietary formula - for the presumptive identification of Heroin, Black Tar, Codeine and Morphine, (easier to distinguish between the four Opiates, than using test B) - test screens out Methapyrilene and Propoxyphene
Test LModified Mecke's Reagent - for the presumptive identification of all forms of Heroin, including White, Brown and Black Tar, and Ecstacy (MDMA), as well as detecting the presence of certain dye combinations designed to give false positives with the Marquis Test (Test A)
Test MProprietary formula - for the presumptive identification of Methaqualone (Quaaludes, Sopor, Somnafac, Opitimll and Parest are the trade names)
Test NProprietary formula - for the presumptive identification of Pentazocine, commonly known under the trade name Talwin Nx or Talacen
Test OProprietary formula - for the presumptive identification of GHB (gammahydroxybytyrate)
Test PProprietary formula - for the presumptive identification of Propoxyphene
Test QProprietary formula - for the presumptive identification of Ephedrine and Pseudoephedrine
Test RProprietary formula - for the presumptive identification of Valium (Daixepam), Rohpnol (Flunitrazepam) and Methcathinone
Test TProprietary formula - for the presumptive identification of Ketamine
Test UProprietary formula - for the presumptive identification of secondary amines, such as Methamphetamine and MDMA (Ecstacy)
Test WProprietary formula - for the presumptive identification of amphetamines and Methadone, as well as screening for PMA and Ketamine with Test I
Bath Salts TestProprietary formula - for the presumptive identification of synthetic cathinones/MDPV (Methylenedioxypryrovalerone)

(d)Sirchie NARK® II Statement of Scientific Principles.

SIRCHIE NARK® II SYSTEM OF NARCOTICS IDENTIFICATION

Sirchie's NARK® II Progressive System for Drug Identification has the capability of presumptively identifying several families of substances suspected of being abused drugs. Designed to function as a transportable narcotics laboratory, it is available for use wherever the need for its capability might arise. Each of the tests is comprised of one or more chemical reagents based on National Institute of Justice Standard 0604.01 and/or UN Standard ST/NR/13RE V1. When a predictable color or series of colors occur within a specific testing sequence, a positive identification may be presumed.

COLORIMETRIC CHEMICAL TESTING

The NARK® II System employs chemical colorimetric comparison as the means by which narcotics and other controlled substances are screened and presumptively identified. Each test pack contains one or more chemical reagents which will predictably develop a color or a series of colors in the presence of the most commonly known narcotics and dangerous drugs. When the predicted color reaction occurs while following the recommended test sequence, a positive identification is presumed. A positive identification is considered a component of probable cause and generally recognized within our legal system as being presumptive in nature.

Interpretation of Generated Colors

For purposes of colorimetric confirmation, it is not required that you obtain an exact color match. Your colors, however, must fall within a general area of the targeted family of color(s) referenced for that particular substance. Continue to keep in mind three important factors when reviewing your generated colors:

(1) The basic color or lack of color.
(2) Any color shift or change: e.g., orange to brown.
(3) The location of colors within the test pouch.

NARK® II POLYTESTING SYSTEM

The NARK® II System of Narcotics Identification is based upon a poly testing procedure whereby a suspect material is subjected to a series of progressively discriminating screening tests. The results of a single test may or may not yield a valid result. However, the sequential results of several tests, if they all indicate a positive reaction for a particular substance, provides a high degree of certainty that the suspect material is in fact what the NARK® II testing indicates it to be. Experiments have been and continue to be conducted with hundreds of licit and illicit chemical compounds in a continuing effort to eliminate false positive results. No chemical reagent system, adaptable to field use exists, that will completely eliminate the occurrence of an occasional invalid test result. A complete forensic laboratory would be required to qualitatively identify an unknown suspect substance. In absence of such a laboratory facility, the NARK® II testing, utilizing the recommended procedure, is your best assurance that the presumptive results of a positive identification are what they appear to be.

NARK® II TESTING CAPABILITY

NARK® II provides for presumptive identification of the following groups of drugs:

A. Cannabis Sativa L.B. HallucinogensC. Stimulants
D. DepressantsE. Narcotics

Material or Substance Classification

Hard Materials or TabletsIf unidentifiable, crush into powder form and begin testing with NARK2001 Marquis Reagent
CapsulesIf unidentifiable, carefully remove a portion of powder from the capsule and begin testing with NARK2001 Marquis Reagent
PowdersBegin with NARK2001 Marquis Reagent
Plant MaterialUse several at least ¼" long particles and place into NARK2005 Duquenois-Levine or NARK20023 Synthetic Cannabinoid Reagent
Brown or Black Tar HeroinPlace into NARK20011 Mecke's Modified Reagent a size similar to the top of a pinhead
BuprenorphinePlace a size similar to the top of a pinhead, into NARK20010 Special Opiates Reagent, confirm with NARK20011 Mecke's Modified Reagent.

Liquid Samples should not be placed directly into the test pouch. Instead, wet a piece of sterile paper approximately ½" x ½" or sterile swab, with two or three drops of the suspect liquid, permit the paper or swab to briefly air dry and then insert the paper or swab into the pouch. A sterile swab is ideal for this transfer.

Storage

Ideally field tests should be stored at room temperature (70°F +/- 10° or 21°C +/- 3°). NEVER allow these tests to be exposed to direct ultraviolet rays (either direct sunlight or fluorescent lighting). Examples of incorrect storage; desk tops, window sills, vehicle seats and the front and back decks of vehicles. If tests are frozen, DO NOT USE, dispose and replace. Note: If tests are cold, the color reactions will appear slower. If tests are hot, the color reactions will appear faster than listed.

NARK® II NARCOTICS IDENTIFICATION SYSTEM - NARK® II TESTS

NARK2001: Marquis Reagent - general screening test designed as the start of the Progressive Testing System

NARK2002: Nitric Acid Reagent - designed to differentiate between Heroin and Morphine

NARK2003: Dille-Koppanyi Reagent - designed to presumptively identify the presence of Barbiturates

NARK2004: Ehrlich's Reagent - designed to presumptively identify the presence of LSD

NARK2005: Duquenois-Levine Reagent - designed to presumptively identify the presence of THC is substances like Marijuana, Hashish, Hash Oil and other THC concentrates (DAB, Wax, BHO)

NARK2006: Acid Neutralizer - designed to neutralizer chemistry prior to disposal of the field test

NARK2007: Scott Reagent Modified - designed to presumptively identify the presence of Cocaine HCl (powder) and Cocaine Base (crack/freebase)

NARK2008: Methadone Reagent - designed to presumptively identify the presence of Methadone

NARK2009: PCP/Methaqualone Reagent - designed to presumptively identify the presence of PCP/Methaqualone

NARK20010: Special Opiates Reagent - designed to presumptively identify the presence of fully synthetic opiates (Oxycodone, Hydrocodone, Fentanyl, Buprenorphine, Desomorphine and Zohydro) as well as semi-synthetic opiates (Heroin and Morphine)

NARK20011: Mecke's Reagent Modified - designed to presumptively identify the presence of Heroin and Morphine

NARK20012: Talwin Reagent - designed to presumptively identify the presence of Talwin (Pentazocine)

NARK20013: Ephedrine Reagent - designed to presumptively identify the presence of Ephedrine and Pseudoephedrine

NARK20014: Valium Reagent - designed to presumptively identify the presence of Valium and Ketamine

NARK20015: Sodium Nitroprusside Reagent - designed to presumptively identify the secondary amines present in MDMA (Ecstasy) and Methamphetamine

NARK20019: Mayers - general screening test only

NARK20020: KN (Fast Blue Salts) Reagent - designed to presumptively identify the presence of trace THC found on seeds or green plant material

NARK20021: GHB Reagent - designed to presumptively identify the presence of GHB

NARK® II NARCOTICS IDENTIFICATION SYSTEM - NARK® II TESTS

NARK20022: Mandelin Reagent - designed to presumptively identify the presence of Methadone and as a general screening reagent

NARK20023: Synthetic Cannabinoid Reagent - designed to presumptively identify the presence of indole formulations of Synthetic Cannabinoids

NARK20024: MDPV Reagent - designed to presumptively identify the presence of MDPV (synthetic cathinone)

NARK20025: Mephedrone Reagent - designed to presumptively identify the presence of Mephedrone (synthetic cathinone)

NARK20026: A-PVP Reagent - designed to presumptively identify the presence of A-PVP (synthetic cathinone)

NARK20029: 2C Reagent - designed to presumptively identify the presence of 2C substances and the analog N-BOMe substances derived from 2C substances

NARK20030: Psilocybin Reagent - designed to presumptively identify the presence of Psilocybin

NARK20031: Liebermann Reagent - general screening test only

NARK20032: Mollies Reagent - designed to direct identification of substances suspected of being a "mollie" to the specific field for final identification

N.Y. Comp. Codes R. & Regs. Tit. 7 § 1010.8

Amended New York State Register April 13, 2016/Volume XXXVIII, Issue 15, eff. 4/13/2016