FACTS




Singleton was arrested and charged with driving a moped while under the influence of alcohol and/or drugs. While Singleton was being booked into the detention facility, the booking officer found cigarette rolling papers and green plant material in Singleton's pockets and gave them to the arresting officer who deposited the evidence in a heat-sealed bag and locked the bag in an evidence cabinet. An evidence custodian later removed the bag from the cabinet to analyze the substance. It tested positive for marijuana and was subsequently destroyed pursuant to Circuit Court Order.




In the course of Singleton's trial, the trial judge charged the jury that a moped is a vehicle as contemplated by S.C. Code Ann. § 56-5-2930 (1991), thus making it illegal to drive a moped while under the influence of alcohol and/or drugs. After deliberating for thirty minutes, the jury advised the trial judge that they were unable to reach a verdict. The judge delivered an Allen jury instruction and encouraged the jurors to take more time to deliberate, to re-examine their


At the request of Singleton's counsel, the jury was polled. During polling, one of the jurors answered as follows:




[CLERK]: [Juror], was this your verdict?




[JUROR]: Yes.




[CLERK]: Is it still your verdict?




[JUROR]: No.




[THE COURT]: What did he say?




[CLERK]: He said no.




[THE COURT]: Go back in your jury room to continue your deliberations. I'm told this was a unanimous verdict. Is this your verdict?




[JUROR]: It is now.




[THE COURT]: And it's still your verdict?




[DEFENSE COUNSEL]: Your Honor, I think . . .




[THE COURT]: Wait a minute now. I'm asking you — I think you misunderstood. The verdict of the jury as announced to me is guilty. Is that your verdict too?




[JUROR]: Yes.




[THE COURT]: And is it still your verdict?




[JUROR]: Yes.




[THE COURT]: Proceed to poll the jury. Go ahead.




The verdict stood after the polling.




ISSUES




  I. Did the trial judge err in charging that a moped
     is a vehicle under the 


  II. Did the trial judge abuse his discretion during
      the supplemental instruction and jury polling?



  III. Was the chain-of-custody of the marijuana
       established?



DISCUSSION




I. Is a Moped a Vehicle?




Singleton was convicted under the 


Singleton relies upon statutes involving vehicle registration, licensing of drivers, and liability insurance in contending that a moped is not a motor vehicle. We conclude that, although exempted from registration, licensing, and insurance requirements, mopeds are within the purview of the 


II. Did the Trial Judge Abuse His Discretion?




Singleton contends the trial judge made inappropriate comments in the Allen instruction and intimidated a juror during polling. We disagree.




The trial judge has a duty to urge the jury to reach a verdict but he may not coerce them. State v. Lynn, 277 S.C. 222, 284 S.E.2d 786 (1981); State v. Pulley, 216 S.C. 552, 59 S.E.2d 155 (1950). It is not coercion when a trial judge instructs the jury that failure to reach a verdict will require a new trial at additional expense, or states that every juror has a right to his own opinion and need not give it up merely for the purpose of reaching agreement. Moreover, the trial judge must be satisfied that the verdict is unanimous. If it is made known to the court when it is time to render the verdict that any juror does not asse

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