Rule 6.160.Controlled Substances in the Courtroom
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 6.160
Plain-English Summary
Only a sample travels. Unless the court orders otherwise, only a representative sample of a controlled substance is brought into the courtroom to be presented as evidence. The sample must already have been placed in a see-through, heat-sealed container before it came into the court's custody, which puts the packaging obligation on whoever holds the substance beforehand, not on court staff. Once it arrives, the container must not be opened except by order of the court.
The rest is handled at a distance. It may be presented by photograph or videotape, or made available for the jury to view in some secure setting. The jury can still see the quantity involved without the whole of it being carried into the room.
Custody is continuous and named. From the moment the court receives a controlled substance until it is returned to the submitting party under UTCR 6.120, destroyed, or transmitted to the appellate courts, it must sit in the court's evidence locker in the custody and possession of a member of the court staff, or in the custody of whatever law enforcement agency the court orders. There is no gap in that chain for the substance to sit in a briefcase or on a counsel table overnight.
Frequently Asked Questions
Can I bring the entire seized quantity into the courtroom?
Not unless the court orders otherwise. The rule limits what comes in to a representative sample. The rest is shown by photograph or videotape, or made available for the jury to view in a secure setting.
How does the sample have to be packaged?
In a see-through, heat-sealed container, and the packaging has to happen before the sample comes into the court's custody. Arriving with an unsealed sample does not meet the rule.
Can the container be opened during trial?
Only by order of the court. The rule says the sealed container must not be opened otherwise, so plan the presentation around a sealed exhibit.
Where is the substance kept between court sessions?
In the court's evidence locker, in the custody and possession of a member of the court staff, or with whatever law enforcement agency the court orders. That holds from the time the court receives it until it is returned, destroyed, or sent to the appellate courts.
What is a representative sample?
The rule does not define it. It limits what comes into the courtroom to a representative sample unless the court orders otherwise, which leaves the size of the sample to the party offering it and to any order the court makes.